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Final fate of Initiative 695 may lie with Supreme Court
Final fate of Initiative 695 may lie with Supreme Court
David Wickert; The News Tribune
Voters will have the first say on whether Initiative 695 is sound fiscal policy,
but the Washington State Supreme Court likely will have the final and perhaps
most important word.
Depending on whom you ask, the initiative that would require voter approval
of all state and local government tax and fee increases is either a flagrant
violation of several constitutional principles or a return to the fundamentals
of government by and for the people.
It will fall to the Supreme Court to make the distinction. Since the court
is reluctant to weigh in before voters have their say, Washington residents
can't be sure a vote in support of the initiative will stand.
Hugh Spitzer believes it will not. A Seattle municipal finance attorney and
former Supreme Court candidate who represents local governments, Spitzer cited
several deficiencies he believes will lead the court to overturn the portion
of I-695 that requires voter approval for tax increases.
The state constitution, he said, explicitly delegates the power to raise taxes
to the Legislature, which alone can delegate that authority. It would take a
constitutional amendment to give voters that power, Spitzer said, and a simple
initiative is not sufficient.
Spitzer also believes the initiative covers two distinct topics - the motor
vehicle excise tax and voter approval of all tax increases - which also is forbidden
by law. The Legislature is prohibited from addressing more than one topic in
any bill, and initiatives are akin to legislative bills, Spitzer said.
In addition, he said, the court could rule that I-695 illegally amends several
state laws without specifically referring to them.
For example, local governments are allowed to increase total revenue by up
to 6 percent a year. Spitzer said the initiative would overturn that law without
specifically referring to it.
Supporters of I-695 say Spitzer's arguments have already been discredited.
Richard Stephens, a Bellevue attorney, helped write I-695 and also worked
with Initiative 601, the 1993 ballot measure that limits state spending.
Stephens said the state constitution bestows power to tax not just to the
Legislature, but to the people. Voters exercise that power, he said, through
the initiative process.
Stephens also contends that I-695 has just one subject - taxes - not multiple,
unrelated subjects like taxes and health care. He said the court has not interpreted
the single-subject rule strictly.
© The News Tribune
10/14/1999
