December 1, 2006

OLYMPIA…State Senator Don Benton, R-Vancouver, will introduce new legislation on Monday to preserve the Initiative 747 cap on property taxes, which will help keep property taxes lower.  

Monday, Dec. 4, is the first day legislators may pre-file bills for the 2007 session. 

“I-747 was thrown out by a judge on a technicality,” Benton said. “This is an insult to Washington voters who approved the measure by 58 percent in 2001. My bill keeps the initiative’s 1 percent cap in place – even if the state loses its appeal to reinstate Initiative 747.” 

I-747 prevents local governments from increasing property tax collections by more than 1 percent over the prior year without a vote of the people. 

Although I-747 was approved in November 2001, it wasn’t challenged in court until 2005. This past June, King County Superior Court Judge Mary Roberts declared the measure unconstitutional because it didn’t state in full the law it was amending. The state is appealing Robert’s decision. 

The initiative was meant to amend the 2 percent cap on property tax collections put in place by voter approval of Initiative 722 in November 2000. However, by the time I-747 got to the ballot, I-722 had been thrown out because it addressed more than one issue -- something that is not allowed under the Washington State Constitution. 

As a result, I-747 amended the previous cap of 6 percent, and that law was not part of the initiative. Judge Roberts said the voters “were misled.” 

“The voters were not misled,” Benton said. “The voters didn’t care whether they were amending a 2 percent cap or 6 percent cap. They just wanted to stop the growing burden on homeowners because of skyrocketing property taxes. They wanted a 1 percent cap and their vote should be respected.” 

Benton led the effort in 2000 to preserve the repeal of the motor vehicle excise tax (MVET) when that initiative, I-695, was ruled unconstitutional because it dealt with more than one issue. Voters approved I-695 in 1999 with a 56 percent yes vote. Before the 2000 session adjourned, the initiative was declared unconstitutional. In response, Benton pushed for passage of Senate Bill 6865 to repeal the MVET. The measure passed and was signed into law on March 31, 2000. 

“I believe preserving the 1 percent cap is a top priority for the Legislature this year,” Benton said. “We have a duty to protect the voters’ wishes.” 

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Additional contact Penny Drost at (360) 786