The Boeing contract and the state's Constitution
Prepared by Bob Williams (President)
Evergreen Freedom Foundation
(360) 956-3482 or effwa@effwa.org
Jan. 30, 2004
Olympia, WA - Now that Governor Locke has committed our state to a
contractual agreement with Boeing, the legislature will be asked to
fulfill the promises he made to the company. Various sections of the
state's agreement raise constitutional concerns. But Exhibit G of
the contract, which is supposed to address opinions of counsel regarding
the legality of the agreement, is blank. Not redacted, but blank.
Before lawmakers can be expected to make informed decisions this session
regarding the Boeing contract, the following concerns need to be addressed
by the attorney general.
1. What constitutional authority does a governor have to sign a contract
that binds current legislators and future legislators?
2. What constitutional authority allows a mayor (in this case Everett)
to sign a contract that binds a city council to the terms of a contract?
3. What constitutional authority allows a county executive (in this
case Snohomish) to contractually bind the county council and the newly
elected county executive?
4. What constitutional authority does the Executive Director of the
Port of Everett have to sign a contract that binds the Port?
5. What constitutional authority allows the president of the Snohomish
County PUD to sign a contract that binds the other PUD Commissioners
and the PUD?
Along with these questions, legislators may want to ask the attorney
general to confirm that the Boeing agreement does not violate other
sections of the state's constitution listed below. A full description
of how these sections relate to the Boeing contract is available upon
request.
Article 1, Section 8: Irrevocable privilege, franchise or immunity
prohibited.
No law granting irrevocably any privilege, franchise or immunity,
shall be passed by the legislature.
Article 1, Section 12: Special privileges and immunities prohibited.
No law shall be passed granting to any citizen, class of citizens,
or corporation other than municipal, privileges or immunities which
upon the same terms shall not equally belong to all citizens, or corporations.
Article 2 Section 28: The legislature is prohibited from enacting
any private or special laws in the following cases:
6. For granting corporate powers and privileges.
Article 3, Section 24: Records, where kept.
The governor, secretary of state, treasurer, auditor, superintendent
of public instruction, commissioner of public lands and attorney general
shall severally keep the public records, books and papers relating
to their respective offices, at the seat of government, at which place
also the governor, secretary of state, treasurer and auditor shall
reside.
(The Governor's office stated they had to wait for Boeing to give
them copies of the Exhibits before they could be released. This was
after the contract was signed on December 19, 2003).
Article 7, Section 1: Taxation.
The power of taxation shall never be suspended, surrendered or contracted
away. All taxes shall be uniform upon the same class of property within
the territorial limits of the authority levying the tax and shall
be levied and collected for public purposes only. The word "property"
as used herein shall mean and include everything, whether tangible
or intangible, subject to ownership. All real estate shall constitute
one class: Provided, That the legislature may tax mines and mineral
resources and lands devoted to reforestation by either a yield tax
or an ad valorem tax at such rate as it may fix, or by both. Such
property as the legislature may by general laws provide shall be exempt
from taxation. Property of the United States and of the state, counties,
school districts and other municipal corporations, and credits secured
by property actually taxed in this state, not exceeding in value the
value of such property, shall be exempt from taxation. The legislature
shall have power, by appropriate legislation, to exempt personal property
to the amount of three thousand ($3,000.00) dollars for each head
of a family liable to assessment and taxation under the provisions
of the laws of this state of which the individual is the actual bona
fide owner.
Article 8, Section 5: Credit not to be loaned.
The credit of the state shall not, in any manner be given or loaned
to, or in aid of, any individual, association, company or corporation.
Article 12, Section 1: Corporations.
The credit of the state shall not, in any manner be given or loaned
to, or in aid of, any individual, association, company or corporation.
Article 12, Section 9: State not to loan its credit or subscribe
for stock.
The state shall not in any manner loan its credit, nor shall it subscribe
to, or be interested in the stock of any company, association or corporation.
*Details on which sections and exhibits of the Boeing agreement may
violate the above referenced sections are available upon request.
January 30, 2004
Volume 14, Number 2
Contact: Jason Mercier, Budget Research Analyst
(360) 956-3482
* Nothing in this email should be construed as an attempt to aid or
hinder the passage of any legislation.