Legislative lawyers: Not voting on initiative is the same as rejecting it

When the Legislature missed the 40-day deadline to act on the margins tax, they rejected it by inaction, according to the Legislative Counsel Bureau.

Even though the Constitution uses the word "reject," and some lawyers believe a vote must be taken, the LCB disagrees, as state Sen. Michael Roberson has been saying.

The opinion, attached here, essentially says: There is more than one way to reject an initiative.

This could be critical because if a court does not construe inaction as rejection, legislators could not put a tax alternative on the ballot.