SEATTLE -- In their final budget deal, did state lawmakers pass a tax without actually calling it a new tax?

After last week's rush to pass a budget, now some opponents are accusing lawmakers of getting around Initiative 1053, which requires a two-thirds vote of the legislature to pass a new tax.

The legislature voted to tax roll your own cigarettes, a move the state expects will raise $12 million this coming year. Lawmakers say it was a clarification of an existing tobacco tax, and not subject to a supermajority vote, or two-thirds vote of the legislature.

The idea of rolling your own cigarettes is making a comeback with customers discovering that they can save 50 percent by avoiding the tax the state puts on packaged cigarettes.

But, I-1053 author Tim Eyman, says it should be considered a new tax.

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