The Emergency Clause

The Everett Herald had an article on page B4 titled 'Supreme Court rejects bid for tax referendum' that I think will be pivotal in the upcoming election cycle. Their is a push to revoke (by Referendum) the new gas tax passed by our State's Legislature (6103-S-PL) that states:

Sec. 101   RCW 82.36.025 and 2003 c 361 s 401 are each amended to read as follows:
     (1) A motor vehicle fuel tax rate of twenty-three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
     (2) Beginning July 1, 2003, an additional and cumulative motor vehicle fuel tax rate of five cents per gallon applies to the sale, distribution, or use of motor vehicle fuel. This subsection (2) expires when the bonds issued for transportation 2003 projects are retired.
     (3) Beginning July 1, 2005, an additional and cumulative motor vehicle fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
     (4) Beginning July 1, 2006, an additional and cumulative motor vehicle fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
     (5) Beginning July 1, 2007, an additional and cumulative motor vehicle fuel tax rate of two cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
     (6) Beginning July 1, 2008, an additional and cumulative motor vehicle fuel tax rate of one and one-half cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.

Understandably, citizens are upset that at a time when most people are struggling to get by, the last thing they need is another burden on their paychecks.

 

And now... the bad news. From the article I mentioned above:

The state Supreme Court on Thursday struck down an attempt to force a voter referendum on the Legislature's overhaul of voter-approved tax-and-spending limits, with one justice writing in dissent that the majority betrayed "the sacred trust" of the people.

In a 6-3 decision, the high court ruled that an emergency clause slapped on the move by lawmakers was valid. Opponents have argued lawmakers were purposely trying to evade a public vote.

Way down at the bottom of 6103-S.PL is this:

NEW SECTION.  Sec. 405   Sections 101 through 107, 109, 303 through 310, and 401 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005.

I'm sorry to report, but we're stuck with the new gas tax. There's just no way the Supreme Court is going to overturn this. Isn't it nice to know that an 'Emergency Clause' is all it takes for you to be robbed of your property? What with Kelo and this, we don't own squat!

 

So, this is what life was like before the 4th of July, 1776!