Write to the Point
The Washington Bankers Association has taken the mantle on an issue all state taxpayers should be outraged over — the Legislature’s use of title-only bills.
In the waning days of the 2019 legislative session, lawmakers in Olympia used their “title-only” stunt to enact new taxes without proper debate, public review or comment. Indeed, Democrats even had the galleries cleared and the doors barred to prevent the public from watching the shenanigans.
Title-only bills are just that, bills that contain a title and very little else.
At least one bill, House Bill 2167, had been introduced in the House bearing only one sentence: “The legislature intends to enact legislation concerning tax revenue.”
There were no topics attached. No fiscal notes. Nothing.
But during the final 48 hours of the 105-day session, that single sentence was transformed into a multi-page tax measure, passed on party-line votes in the House and Senate, and submitted to Gov. Jay Inslee, a Democrat, who later signed it into law.
The new tax approved in the waning hours of the session with no public review or input is expected to collect $1.036 billion over the next 10 years.
More than six months later, on Nov. 5, election day, the Washington Bankers Association, filed a lawsuit calling the new tax unconstitutional. Bankers want the new tax law thrown out.
But there’s more at stake than just a tax on “certain financial institutions.”
At stake is government transparency and accountability, both of which are necessary for the survival of our democratic republic.
The bankers have peeled the scab off a practice that’s been used for years by lawmakers wanting to circumvent constitutional requirements on legislation.
Article II, Section 36 of the state constitution requires all bills to be introduced at least 10 days before the end of session. Anything being brought up after that requires a two-thirds vote.
Democrats who pushed H.B. 2167 argue they complied with the law. After all, there was a single sentence stating a tax bill was coming.
Really? I’m pretty sure that’s not what our constitution intends.
I wish I could say that the move on H.B. 2167 was an oversight that could be easily explained and corrected.
Unfortunately, I can’t.
The truth is that deceitful lawmakers used the end-run around the constitution to keep you from expressing your opinion. They correctly surmised the public wouldn’t support such a tax.
Indeed, in a straw ballot in the Nov. 5 general election, more than 1 million voters, 55.36 percent, called for the tax to be repealed.
Lawmaker’s push-through of the title-only bill was deceitful at best. And since it was done with the gallery doors locked, it was intentionally. So, I’m glad to see bankers take the Legislature to task.
But that’s not enough.
If Washington voters don’t demand an immediate end to the introduction of all title-only bills, a few crafty lawmakers will wait until the dust settles and then slowly test the waters on resuming the practice. And when taxpayers aren’t paying attention, overzealous members of Western Washington’s “political elite” will resume.
To me, the constitution is clear — no last-minute bills unless they are so important that they can garner two-thirds support of the Legislature. Apparently, though, we need to make it illegal to introduce a title-only bill.
Washington voters will have to do that at the ballot box by crafting and passing a related initiative, or by voting out of office those lawmakers who refuse to vote in favor of measures to end the practice.
This isn’t something we can leave to lawmakers in Olympia to address themselves.
If you look back to 2014, companion measures were introduced in the House and Senate that required mandatory waiting periods before bills could be passed, made all committee hearings open to the public and specifically prohibited title-only bills. Those bills failed to see the light of day.
Between now and the start of the 2020 Legislative session, contact your legislative representatives and senator and let them know title-only bills are not acceptable. Let them know you expect to see the practice halted. Let them know that you expect transparency in the Legislature.
And let them know that if they don’t do their part to end the intentionally dishonest practice, that they could be looking for a new job come next election day.
Roger Harnack can be contacted at roger@cheneyfreepress.com.
Roger Harnack is the owner/publisher of Free Press Publishing. Having grown up Benton City, Roger is an award-winning journalist, columnist, photographer, editor and publisher. He's one of only two editorial/commentary writers from Washington state to ever receive the international Golden Quill. Roger is dedicated to the preservation of local media, and the voice it retains for Eastern Washington.
Reader Comments(0)