Judge blocks Washington initiative limiting annual vehicle license fees from taking effect
Washington political activist Tim Eyman has proposed, sponsored, or been otherwise involved with statewide initiatives every year since at least 1998. The measures he has worked on primarily involve two subjects—taxes and transportation. His most recent initiative—the Limits on Motor Vehicle Taxes and Fees Measure (I-976)—was approved by voters last month but its implementation is on hold after being challenged in court.
King County Superior Court judge Marshall Ferguson blocked I-976 from taking effect last week pending the lawsuit’s resolution. Ferguson wrote, "If the collection of vehicle license fees and taxes stop on December 5, 2019, there will be no way to retroactively collect those revenues if, at the conclusion of this case, the Court concludes that I-976 is unconstitutional and permanently enjoins its enforcement. Conversely, refunds of fees and taxes impacted by I-976 can be issued if the State ultimately prevails in this matter, albeit at some expense to the State.”
Washington voters approved I-976—53% to 47%—on Nov. 5. The measure was designed to do the following:
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Limit annual license fees for vehicles weighing less than 10,000 pounds at $30 except for voter-approved charges;
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Base vehicle taxes on the Kelley Blue Book value;
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Repeal the $150 fee on electric vehicles and limit certain taxes and fees related to transportation; and
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Repeal authorization for certain regional transit authorities, such as Sound Transit, to impose motor vehicle excise taxes.
Nine plaintiffs—including the governments of Seattle and King County—filed a lawsuit Nov. 13 declaring that I-976 violated the Washington Constitution. The complaint stated that Initiative 976 violated the single-subject rule, the separate subject-in-title requirement, the requirement to disclose the repeal of statutes, and other constitutional provisions. In his response to the lawsuit, Eyman stated, “It is absolutely critical that the people of Washington state, regardless of how they voted, not pay taxes and fees that the voters voted to get rid of.”
Proponents of I-976 said that a flat $30 vehicle license fee is fair and reasonable and that it’s dishonest for the state to tax a used vehicle based on its sales price rather than its Blue Book value. Opponents of 1-976 stated that the measure would cut much-needed transportation funding and take money from roads, bridges, and transit programs.
Ferguson was appointed to the court by Gov. Jay Inslee (D) in July 2018. He was among 11 King County Superior Court judges who were automatically elected on Nov. 5 after they were the only candidates who filed to run.
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