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Troubling reports on remote session

About the Author
Jason Mercier
Director, Center for Government Reform

Perhaps I need to put the “Mission Accomplished” banner back in storage when it comes to remote testimony for the 2021 Legislative Session. Last week I highlighted the exceptional experience I enjoyed using the new remote testimony process before the Senate Ways & Means Committee. After watching the public hearing on SB 5114 (Economic Reopening), however, the experience for others has not gone as smoothly. Based on comments I’ve heard from some testifying this session, there have also been challenges in other committees and bills such as on HB 1091 (LCFS).

When I testified on SB 5096 (9% income tax on capital gains) it was the only bill on the hearing agenda. I imagine the Chair did this realizing the immense public interest on the proposal (624 people signed in). Obviously with that many people, testimony was limited to one minute, but the Chair did not automatically mute people midsentence and instead encouraged them to conclude their thoughts when time expired.

It is important for lawmakers to remember that for many citizens this is their first time using remote testimony. Automatically muting them after one minute without a courtesy request to conclude their thoughts does not meet the spirit of public accommodation this moment needs.

Sadly, that is exactly what happened to those testifying this week on SB 5114. Not only was the bill the last one heard in a jampacked agenda, but those testifying on the other bills were given two and in some cases three minutes to testify. Though there is no legislative rule, in the past Chairs of committees have usually provided continuance on public testimony to another day when public interest is high. Despite more than 1,600 people signing in for SB 5114, no hearing continuance was provided and, being the last bill on the agenda, only an hour was provided to hear from citizens.

If lawmakers can find time to hold a public hearing and executive session on declaring the state dinosaur this session, they can also spend more time hearing from Washingtonians on important bills, especially seeing how this is the first time in nearly 10 months citizens have had an opportunity to address the legislature on how the emergency restrictions have been impacting their lives.

This remote session has been providing a learning experience for all of us. One lesson we should immediately put into practice is not to automatically mute citizens midsentence pouring their hearts out or schedule bills of high interest in a way that limits the amount of public testimony.

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