MYNORTHWEST NEWS

Bankers groups suing Department of Revenue over controversial bank tax bill

Nov 18, 2019, 5:10 PM | Updated: 5:33 pm

It was one of the big tax bills passed by the Legislature in the 2019 session and one that a handful of lawmakers – including one Democrat – called on Governor Inslee to veto.

Instead, Inslee approved the new business tax on large, out-of-state banks earning at least a billion a year in profits, nearly doubling the B&O tax on those banks from 1.5 percent to 2.7 percent to bring in an estimated $133 million a year in the current two-year budget and about a billion dollars in 10 years.

Now the Washington Bankers Association and American Bankers Association are suing the Department of Revenue over the tax.

The 16-page lawsuit claims the tax violates the U.S. Constitution’s Commerce Clause by only targeting out-of-state banks giving banks in Washington an unfair advantage.

In court filings, they argue the bill was, “intended to and has the effect of disadvantaging and burdening interstate commerce for the purpose of advantaging and protecting financial commercial banking interests headquartered in Washington, both within Washington and in commerce among the states.”

The lawsuit claims the tax is in violation of the Washington State Constitution because the measure lawmakers passed was a title-only bill, meaning it had a vague title – and no text — until the final two days of session. The lawsuit states:

“HB 2167 was a “title-only” bill, a bill which contains a title and a number but is without legislative substance. Title-only bills are introduced for the express purpose of having a vehicle on which to graft substantive legislation to be introduced at a later time. Title-only bills are an artifice created by legislators to evade the Washington State Constitution’s requirements for the timely introduction and consideration of legislation.”

Article II, Section 36 of the Washington State Constitution provides: WHEN BILLS MUST BE INTRODUCED. No bill shall be considered in either house unless the time of its introduction shall have been at least ten days before the final adjournment of the legislature, unless the legislature shall otherwise direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session.

The suit goes on to point out various objections raised by lawmakers on both sides of the aisle about the rushed process used to pass the bill, and the likely legal challenges that would follow.

Senator Mark Mullet was among the most vocal Democrats opposing the measure, pointing out that he could not even get a legal opinion on the impact from Washington Attorney General Bob Ferguson. The bill’s content did not show up until Friday, April 26 – a weekend — two days before the end of the session.

Mullet and Senator Steve Hobbs were among the handful of no votes on the Democrats side, with Hobbs describing himself as a reluctant no vote.

“To bypass a policy committee, you don’t do that,” Hobbs said. “It’s just not right.”

But fellow Democratic Sen. Christine Rolfes — who chairs the budget committee — argued this was about leveling the playing field.

“Just six of these banks generated more than $120 billion in profit [last year],” she said. “Washington’s tax structure is literally the most unfair in the nation. This is a small increase on the world’s most profitable companies, and it will help fix our broken system.”

The lawsuit, filed in King County Superior Court, asks the court to find the bill/tax illegal, invalid, and unenforceable in its entirety.

Please follow our Community Guidelines

MyNorthwest News

shootout...

Tom Brock

North Seattle shootout leaves dozens of shell casings, hair-raising close call for woman in her apartment

People living in a north Seattle neighborhood survived a shootout Saturday morning, but their homes and cars were damaged in a flurry of gunfire.

19 hours ago

Everett...

KIRO 7 News Staff

Everett proposes a $766 million budget with a potential new sales tax

Everett’s proposed budget for next year does not cut services or staff, but it could include a new sales tax to fund public safety.

22 hours ago

Bellevue’s Cantina Monarca sets sights on Seattle waterfront debut in 2027...

Regan Gallo-Fenz

Bellevue’s Cantina Monarca sets sights on Seattle waterfront debut in 2027

From gourmet tacos to lobster enchiladas, Bellevue's Cantina Monarca is coming to Seattle.

1 day ago

Seahawks...

Luke Duecy

Seahawks vs. Chiefs: How the 12s can reclaim the world record for loudest stadium

Seattle Seahawks fans have a record to reclaim, and science offers a few clues about how to do it.

1 day ago

e-scooter...

Brittany Perry, KIRO 7 News

5-year-old hospitalized with life-threatening injuries in crash involving car, e-scooter

Two children were injured in a crash involving an e-scooter and a car on Friday afternoon, and one of those children is fighting for their life.

2 days ago

winco foods grocery store seattle renton opening...

MyNorthwest Staff

WinCo Foods recalls popular bread item distributed in WA

WinCo Foods has recalled a popular bread item due to an undeclared allergen.

2 days ago

Bankers groups suing Department of Revenue over controversial bank tax bill