There will be no legislative transparency Valentine for Washingtonians this year. The majority party in the legislature this session refused to even hold a public hearing on the bills to reform abuse of Title Only bills. Showing even less love, yesterday King County Superior Court rejected a legal challenge to these types of games. In dismissing the Title Only bill challenge to HB 2167 (bank tax), the judge agreed with the Attorney General that lawmakers’ use of blank bills to circumvent the protection in Article 2, Section 36 of the state constitution is beyond judicial review.

As a reminder, here was the full text of HB 2167 before it was amended on April 26, 2019. Session ended on April 28, 2019.

Did you know the House has an official legislative transparency mission statement? Here is what it says (in part):

“BE IT FURTHER RESOLVED, That the House of Representatives adopt the following goals:

1. Increase public participation, understanding, and transparency of the legislative process;
    
2. Enact high quality legislation through debate and collaboration that is thoughtful and responsive, and honors our diverse citizenry . . .”

The use of a Title Only bill to ram through a tax never before discussed in the last days of session is a clear violation of that mission statement. The additional failure to even hold a public hearing on bills to reform this anti-transparent process further rubs salt in the wound.

As noted this week by the Walla Walla Union Bulletin:

“It’s telling that the effort to end the ‘title-only’ practice was not even debated in a committee. Legislative leaders apparently are not eager to defend the practice in the open, which would then give the people an opportunity to comment. But this does deserve to be discussed by the public. It matters . . . This should not be allowed to continue. Yet, it will until lawmakers feel pressure from their constituents to knock off the legislative shenanigans and follow the spirit of the state constitution.”

Although the King County judge rejected the Title Only bill challenge to HB 2167, the arguments stating that the tax violates the commerce clause will continue with the case being heard sometime in May. The attorney for the plaintiffs, former Attorney General Rob McKenna, told me the challenge to the use of a Title Only bill can still be raised on appeal.

With the legislature refusing to honor the spirit of the constitution, hopefully a higher court will see the need to enforce Article 2, Section 36 and stop the abuse of Title Only bills.