Tag Archives: Accountability

Senate approves Braun bill to rein in authority of state agencies

Today the state Senate approved legislation introduced by Sen. John Braun, R-Centralia to limit the power of state agencies by changing the way they make rules. Senate Bill 6396 would require proposed rules to be submitted to the state attorney general’s office for an opinion on their constitutionality. In addition, any new rule would automatically expire after a year unless the Legislature acts to extend it. The measure was approved by a vote of 26 to 23 and now moves to the House of Representatives for consideration.

“The problem with the flood of agency rulemaking is a lack of transparency and accountability,” said Braun. “State agencies have created 6,100 new pages rules and regulations over the past 10 years that have the force and effect of law, often with minimal public input or transparency. Laws are meant to be made by the Legislature; putting that power in the hands of unelected bureaucrats is a detriment to our state’s democracy.”

The Washington Administrative Code contains 22,000 pages of agency rules and has increased by 38 percent in the past decade. Although state agencies are granted rulemaking authority by law, Braun’s legislation would make it clear that an agency also must show it has the authority to propose a particular rule.

“This is a reasonable approach to restore accountability in lawmaking to the citizens’ elected representatives,” Braun said. “Currently, too many rules are made by agencies citing their general purpose rather than a clear delegation of authority by the Legislature. If agencies know that we will be reviewing those rules, it will give them pause to reflect on exactly what legal grounds they are making the rule. The simple fact is that rulemaking lacks the transparency and public input of the legislative process.  As representatives of the people, we should not be handing that function of government over to the Executive Branch.”

Braun’s bill is modeled after practices in Colorado where any new rule adopted or amended expires after one year unless the Legislature renews the rule via legislation.

 

 

Braun stands for taxpayers, votes to put 2/3rds tax increase amendment to the people

Deputy Majority Leader Sen. John Braun, R-Centralia voted Friday to let Washingtonians have the final word on requiring a two-thirds majority in the Legislature to raise taxes. Senate Joint Resolution 8211, which would let voters decide on a constitutional amendment requiring a supermajority to raise taxes, failed to receive support from the Senate’s minority Democrats, falling short of the 33 votes needed to move to the House of Representatives.

“The voters in our state have said numerous times that it should be more difficult for the Legislature to raise taxes and I’m disappointed that the measure failed,” said Braun. “Today’s vote was about letting the taxpayers exercise their right to amend their constitution concerning taxes.”

Voters approved Initiative 1185 in 2012 which would have limited the Legislature’s ability to raise taxes, requiring a two-thirds majority vote. However, the state Supreme Court ruled that initiative unconstitutional in 2013.

“I believe that Washingtonians deserved an opportunity to vote on an amendment to our state’s constitution on this issue,” said Braun. “In 2012, 75 percent of the voters in my district supported making it harder for the state to take more of their hard-earned money and I don’t think that sentiment has changed. I’m disappointed that some here in Olympia think the only solution to the problems facing our state is more taxes and are unwilling to let the citizens vote on this constitutional change.”

SJR 8211defined “raise taxes” as any action or combination of actions that increase state tax revenue deposited into any fund, budget, or account. It also required a simple-majority vote in both legislative chambers to impose or increase a fee; that change would end lawmakers’ practice of delegating the fee-setting authority to various state agencies.