State v. Murphy

— 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*803ate this action. The attorney general declined his invitation, choosing instead to defend Referendum 49’s constitutionality. Heavey thereafter commenced this…