Opponents of I-747 prepare court crusade

PATRICK CONDON, AND BRAD SHANNON, THE OLYMPIAN

OLYMPIA -- Government officials and activists opposed to Tim Eyman's successful initiative capping property tax increases are preparing a court challenge.

Initiative 747, which easily passed in November, limited property tax levy increases to 1 percent a year unless voters approve a steeper hike. It was Eyman's third successful tax-limiting initiative in as many years.

I-747 will hit home for local governments this year, and the impact will be magnified by the delayed impacts of Eyman's 1999 measure, I-695.

I-747's ballot title stated that voters would be able to approve levy increases higher than 1 percent for both local and state property taxes.

But Seattle attorney Knoll Lowney said Tuesday he is preparing to claim that, in fact, I-747 allows for public votes on only local levy increases, not on increases of state levies.

"Rather than creating a right to vote on state property tax increases, as the ballot title promises, I-747 instead permanently caps increases to the state property tax levy at 1 percent per year," Lowney wrote in a memo to state Sen. Adam Kline, D-Seattle, who may participate in the suit.

Lawsuit expected

Eyman said he expected a challenge to the initiative.

"It's laughable on its face, not an ounce of substance," Eyman said. "I think they're getting increasingly frustrated that we're getting our act together better."

Lowney heads a group called Permanently Offended, which is a takeoff on Eyman's group, Permanent Offense.

Permanently Offended has mounted numerous challenges to Eyman initiatives, including a recent Thurston County lawsuit charging that the Legislature's Office of the Code Reviser actually wrote Initiative 747.

"Once again Eyman has shown he hasn't done his homework," Lowney said. "We're not inventing the Constitution, but we're comparing it to his work and it's pretty clear his work does not measure up to the Constitution."

The section of I-747 that pertains to public votes on levy increases does not allow the state to overcome the 1 percent limit by a vote, Lowney said.

The lawsuit would likely be filed in March, he said.

Other court battles

Courts struck down Eyman's previous two successful efforts, I-695 and I-722, after they were passed by voters.

In the case of I-695, which limited vehicle license tab fees, the Legislature stepped in after the court decision to pass a portion of the initiative into law permanently.

"We're used to these lawsuits," Eyman said. "It's really getting pathetic."

The state property tax is known as the state school levy.

Limiting it to 1 percent a year will reduce the fund by $34 million in the current two-year budget cycle, and will accumulate to more than $226 million in reductions for the 2005-07 biennium, according to estimates by the state Office of Financial Management.

"We don't think you can have such an impact on local schools without stating that impact," Lowney said.

He wouldn't divulge which school districts or local governments might be party to the lawsuit, but he said a number of groups have been contacted.

"There are folks on board who will be interested in the impact to school districts and the impact to local governments," Lowney said.

Kline and Rep. Sandra Romero, D-Olympia, have been contacted as possible parties to the suit.

Romero said she's not sure if she can join as a member of the Legislature.

But she would like to see the issue of I-747's constitutionality settled, she said.

"I don't believe in budgeting by the ballot box," Romero said. "People don't realize the unintended consequence of these initiatives."

The Olympian Copyright 2002

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