I-747 and the Supremes

Back in 2001, this page did not support Tim Eyman's Initiative 747, believing a 1 percent limit too tight. But we never imagined it unconstitutional. The initiative language was written by Jim Johnson, who later became a state Supreme Court justice (and who recused himself from this case). The limit applies to the total property taxes a district can collect. The total had been 6 percent or inflation, whichever was smaller. In 2000, voters approved an Eyman initiative lowering it to 2 percent. When a lower court threw that out, Eyman came back with I-747, setting the limit at 1 percent.

By law, the 1-percent initiative had to say what it was lowering the rate from. When written, it would have to say, "from 2 percent." By election time, it should have read, "from 6 percent or inflation."

But it was too late to write it over. The small print had the number wrong, but the Voters Pamphlet explained it correctly.

Still, it was one of the simplest initiatives ever: Property-tax increases would be limited to 1 percent per year. In 2001, it passed with 58 percent of the vote. Now, Justice Bobbe Bridge tells us �" backed by Justices Susan Owens, Barbara Madsen and two pro tem stand-ins �" that the court needs "to protect the electorate from being misled."

We believe the people need to be protected from having their will repeatedly denied by a divided state Supreme Court. The people had voted to lower the cap from 6 percent or inflation to 2 percent. A year later, they voted to lower the cap to 1 percent. And the court, including two pro tems and a lame duck (Bridge), now sets it back at 6 percent or inflation �" all to protect the people from being "misled."

The Legislature needs to reimpose a 1-percent lid. But in itself, says King County Assessor Scott Noble, a new lid would not be enough because last week's decision creates a backlog of taxing authority that districts could still use.

Part of what happens next may depend on how eager taxing districts are to make the most of their new power. Gov. Christine Gregoire understands this and has urged local governments to restrain from jumping the gun.