Union Legislative Council v State :: 145 Wn2d 544
Category: Initiative and Elections
The Supreme Court struck down Initiative 695 because they had interpreted it as addressing more than one issue. The initiative sought to repeal the annual 2.2% Motor Vehicle Excise Tax (MVET) which on a $10,000 car was $220 a year - sort of like a 13th car payment every year - by limiting it to $30. The $30 tab fee was considered to be the more important portion of I-695, which had also sought to require voter approval for future tax increases. The legislature responded to the overturning of I-695 by passing its own bill, SB6865, with the single purpose of limiting the MVET to a flat $30 fee.
In this case local taxing authorities sued the State because they believed the State still had the duty to collect the local portion of the old MVET tax which far exceeded the new $30 tab fee.
By finding for the local taxing authorities the Court demonstrated that special interests can prevail over the will of the people who are using the initiative process. It was clear that the people by initiative, and the legislature by passing SB 6865, intended a $30 flat fee for car tabs.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Anderson, Jerald R | |
| pass | Goltz, Jeffrey | |
| pass | Gregoire, Christine | |
| pass | Johnson, Charles | |
| pass | Madsen, Barbara | |
| pass | Sanders, Richard | |
| fail | Alvarez, David | |
| fail | Banks, Gregory | |
| fail | Baur, Susan I | |
| fail | Bridge, Bobbe | |
| fail | Burleson, Gary | |
| fail | Campbell, Darin | |
| fail | Chambers, Tom | |
| fail | Clem, Steven | |
| fail | Clift, Michael | |
| fail | Curtis, Arthur | |
| fail | Dalzell, Juelie | |
| fail | Emacio, James | |
| fail | Hallstrom, Stephen | |
| fail | Hardung, Jessica | |
| fail | Hauge, Russell D | |
| fail | Holm, Edward G | |
| fail | Horne, Gerald A | |
| fail | Ireland, Faith | |
| fail | Jamieson Jr, David | |
| fail | Joly, Janine E | |
| fail | Kaufman, James | |
| fail | Klumpp, David | |
| fail | Knodell, John | |
| fail | Krider, James | |
| fail | Langabeer, Richard | |
| fail | Lee, Mark | |
| fail | Lowe, Steven M | |
| fail | Maleng, Norman | |
| fail | Marshall, Ronald | |
| fail | McEachran, David | |
| fail | Melly, Christopher | |
| fail | Menefee, H Steward | |
| fail | Miener, Roger | |
| fail | Miles, Alan L | |
| fail | Miller, Andrew K | |
| fail | Nagle, James L | |
| fail | Noble, Cassandra | |
| fail | Owens, Susan | |
| fail | Randolph, Jeremy | |
| fail | Riesen, Gary | |
| fail | Shea, Christopher | |
| fail | Shirley, Ronald | |
| fail | Sivley, Gordon | |
| fail | Smith, Charles | |
| fail | Smith, Michael D | |
| fail | Sullivan, Jeffrey | |
| fail | Tabor, Gary | |
| fail | Thomas, Hilary | |
| fail | Tucker, Steven | |
| fail | Verge, Thomas | |
| fail | Watts, Randall | |
| fail | Wieland, Jennifer | |
| fail | Wyrick, Curtis | |
| fail | Zirkle, Ronald |