State v. Murphy

138 Wash. 2d 800
CourtWashington Supreme Court
DecidedAugust 26, 1999
DocketNo. 67692-5
StatusPublished
Cited by44 cases

This text of 138 Wash. 2d 800 (State v. Murphy) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Murphy, 138 Wash. 2d 800 (Wash. 1999).

Opinions

Alexander, J.

— Michael J. Heavey seeks a writ of mandamus prohibiting state Treasurer Michael J. Murphy from complying with RCW 82.44.110, as last amended by Referendum 49 (Laws of 1998, ch. 321, § 5). He argues that the statute violates Const, art. II, § 40 (amend. 18) in that it requires the treasurer to deposit motor vehicle excise tax (MVET) revenues into the state’s motor vehicle fund. Heavey initially requested that the attorney general initi[803]*803ate this action. The attorney general declined his invitation, choosing instead to defend Referendum 49’s constitutionality. Heavey thereafter commenced this action against the treasurer in this court. In light of the stipulation to facts, and the significance of the issue involved, we agreed to exercise our original jurisdiction and determine if a writ of mandamus should issue against a state officer, the Washington state treasurer.

FACTS

The facts recited hereafter are based upon the stipulation to facts between the parties. Const, art. II, § 40 (amend. 18) was submitted to the voters by the Legislature as House Joint Resolution 4. It was adopted during the 1944 general election as the eighteenth amendment to the state constitution. Referendum 49 was submitted to the voters by the Legislature and adopted in the November 1998 general election. Fifty-seven percent of the persons voting on the referendum voted in favor of it.

In December 1998, Heavey, a Washington resident and taxpayer, wrote a letter to Attorney General Christine Gregoire requesting that she initiate legal action to invalidate a section of Referendum 49, now embodied in RCW 82.44.110, on the basis that it violated Const, art. II, § 40 (amend. 18). Heavey contended that a provision of Const. art. II, § 40 (amend. 18) prohibited an act required by Referendum 49: the deposit of MVET revenue into the state’s motor vehicle fund. In response to Heavey’s request, a representative of the attorney general indicated that the attorney general would defend Referendum 49’s constitutionality. The attorney general’s position was that while Const. art. II, § 40 (amend. 18) does not require MVET revenue to be deposited in the motor vehicle fund, it does not preclude deposit of this revenue into the fund.

Faced with this response, Heavey commenced this original action against Treasurer Murphy in our court upon stipulated facts. We agreed to decide the case. See Const. [804]*804art. IV, § 4; RAP 16.2. We also granted leave to the Washington Federation of State Employees and the Washington Education Association, siding with Heavey, and the Washington State Building and Construction Trades Council, the AFL-CIO, the Greater Seattle Chamber of Commerce, the Associated General Contractors of Washington, Snohomish County Committee for Improved Transportation, the Spokane Area Chamber of Commerce, and the Washington Public Ports Association, siding with Treasurer Murphy, to file amici curiae briefs.

ANALYSIS

Of the writ of mandamus, we have noted that “[ajrticle 4, section 4 of the state constitution gives this court original jurisdiction in mandamus as to all state officers. That jurisdiction is, however, nonexclusive and discretionary.” Department of Ecology v. State Fin. Comm., 116 Wn.2d 246, 251, 804 P.2d 1241 (1991) (citing Holt v. Morris, 84 Wn.2d 841, 845-46, 529 P.2d 1081 (1974), overruled on other grounds by Wright v. Morris, 85 Wn.2d 899, 540 P.2d 893 (1975)). We have written that “[wjhere . . . the issues involve the constitutionality of a statute and matters relating to the expenditure of public funds, it is appropriate for us to exercise our original jurisdiction.” State Fin. Comm., 116 Wn.2d at 251 (citing City of Tacoma v. O’Brien, 85 Wn.2d 266, 268, 534 P.2d 114 (1975)). In light of the stipulation to facts between the parties, making it unnecessary for us to refer questions of fact in this case to a special master or to the superior court, see RAP 16.2(d), we believe this is an appropriate case in which to exercise our original jurisdiction.

Under the challenged section of Referendum 49 that amends RCW 82.44.110, the distribution of MVET revenue into various accounts is provided for, and this is Murphy’s responsibility: “The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(1) as follows . . . .” Laws of 1998, ch. 321, § 5(1). While we have -written that “[a] writ of mandamus will not issue where the act to be [805]*805performed is a discretionary act[,]” State Fin. Comm., 116 Wn.2d at 251 (citing Peterson v. Department of Ecology, 92 Wn.2d 306, 314, 596 P.2d 285 (1979)), the use of the word “shall” makes it clear that Murphy is charged with a mandatory duty. See State Fin. Comm., 116 Wn.2d at 252 (citing Spokane County ex rel. Sullivan v. Glover, 2 Wn.2d 162, 169, 97 Wn.2d 628 (1940)). Thus mandamus is an appropriate remedy, and we, therefore, must determine if the writ should issue.

Heavey’s primary argument is that RCW 82.44.110, as most recently amended by Referendum 49, violates Const. art. II, § 40 (amend. 18) by requiring MVET revenue to be deposited into the motor vehicle fund. Thus, he contends that “[m]andamus should issue prohibiting the state treasurer from depositing into the motor vehicle fund any portion of the motor vehicle excise tax imposed by RCW 82.44-.020.” Pet’r’s Br. at 48 (emphasis added). RCW 82.44.020(1) provides that “[a]n excise tax is imposed for the privilege of using in the state any motor vehicle, except those operated under reciprocal agreements, the provisions of RCW 46.16.160, or dealer’s licenses. The annual amount of such excise tax shall be two and two-tenths percent of the value of such vehicle.” This tax is perhaps best known by what one receives in exchange for paying it: motor vehicle license tabs.

Although deposits of MVET revenue into the motor vehicle fund under RCW 82.44.110 actually predate the passage of Referendum 49, the referendum amended RCW 82.44.110 by altering the percentage of this revenue to be deposited into the motor vehicle fund.

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Bluebook (online)
138 Wash. 2d 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murphy-wash-1999.