Open Government Task Force Meeting Nov. 2

The Open Government Task Force created by State Auditor Brian Sonntag and Attorney General Rob McKenna will have its final meeting on November 2 to vote on recommendations to improve enforcement of the state's open government laws. Currently the only option available to citizens is to file a lawsuit if they disagree with an agency's opinion on whether a record should be disclosed. State Auditor Brian Sonntag noted at the October 5 Task Force meeting that there has to be a better way for citizens to access government records without having to resort to lawsuits. Attorney General Rob McKenna agreed highlighting the fact that every other area of law has an administrative mechanism for addressing concerns. The reason is administrative mechanisms are faster and more cost effective than relying solely on court relief. Unfortunately, Washington lacks this type of recourse for enforcement of the state’s open government laws. On the agenda for Monday's meeting . . . READ MORE

Commerce Director: "Government doesn't create jobs, businesses do"

The headline is a quote from the relatively new director for the Department of Commerce, Rogers Weed. He goes on to say, "About 80 percent of our state's economy comes from private sector activity, so we must have a strong, mutually beneficial relationship between government and the business community if we are to succeed in our mission to grow and improve jobs throughout the state." Since the Legislature changed the name and focus of the somewhat amorphous Department of Community, Trade and Economic Development to simply the Department of Commerce, the department has gone through a metamorphosis of sorts. The legislation passed earlier this year not only changed the name of the department but directed the new staff to deliver a plan to better serve the needs of businesses and narrow its focus on economic development. The department is preparing to release its formal plan next week . . . READ MORE

Agencies asked to determine which programs are mandatory

The Spokesman Review this morning highlighted an October 15 memo from the Office of Financial Management to state agencies asking agencies to identify which of their activities are mandatory. As reported by the Spokesman Review: Washington state agencies have been ordered to compile a list of their tasks – and whether they’re required by federal law or the state constitution – in preparation for budget cuts next year. An Oct. 15 memo from the state Office of Financial Management, the governor’s budget agency, tells all agency directors to describe the work their agency does, the number of employees the work takes and the amount it costs the state’s general fund . . . READ MORE

52% opted to donate to state parks in September

Earlier this month the Washington State Parks and Recreation Commission announced motorists had contributed $1.4 million to state parks by opting to donate $5 on their vehicle license renewals. As explained by State Parks: "In the new donation program, vehicle owners’ license tab renewal notices have an automatic $5 donation added to the total due. Those who do not wish to make the donation simply subtract it from the total due, as outlined on state Department of Licensing renewal notices and payment coupons. The Legislature projected that State Parks would need $28 million in donations over the two-year budget period starting July 1, to make its budget and keep state parks open. The program started with September renewals, leaving only 22 collection months instead of 24. Because of this, the agency needs to collect an average of $1.25 million each month over two years to meet its budget. The September 30 total includes donations that were made in July and August – from people who paid their September renewals early and from some who made donations under the preceding donation program." Thanks to the number crunchers at the Department of Licensing we now can see the raw numbers of those contributing through their vehicle renewals to state parks (link shows County numbers by month) . . . READ MORE

DOR publishes report comparing Washington's state and local tax ranking

The Department of Revenue (DOR) today published an updated comparison of state and local tax rankings. According to DOR's press release: Washington ranks 26th highest nationally in state and local taxes as a percentage of personal income, and 32nd highest in property taxes, according to newly released federal data covering Fiscal Year 2007. Washingtonians paid $109.25 in state and local taxes per $1,000 of personal income, compared to a national average of $113.32. Of that, $29.25 went to property taxes, compared to a national average of $34.04. Washington ranked 15th in state and local taxes per capita at $4,269, $35 more than the national average of $4,234. Washington ranked 27th per capita in property taxes at $1,143, $129 less than the national average of $1,272 . . . READ MORE

State Auditor reviews Commerce's fee use

The Joint Legislative Audit and Review Committee (JLARC) held a public hearing this morning to discuss the State Auditor's performance audit of the Department of Commerce's use of fees. The performance audit found: Commerce does not follow best practices to identify programs that could charge fees, which could provide the state with additional revenue; Some user fees are not established in accordance with state law and others are not accounted for or used in accordance with state law; Commerce could reduce general fund spending by between $2.2 million and $2.4 million or more over five years if fees were charged for four programs. Among the audit recommendations was the need for Commerce to use best practices identified by the U.S. Government Accountability Office to determine which government activities should be funded with user fees . . . READ MORE

GAO: Nation's long-term fiscal outlook remains unsustainable

The U.S. Government Accountability Office today released its Fall update on The Federal Government's Long-Term Fiscal Outlook. The prognosis is grim unless our elected officials in D.C. take action soon. From the report: Weaknesses in the economy and financial markets—and the government’s response to them—have contributed to near-term increases in federal deficits, which reached a record level in fiscal year 2009. While a lot of attention has been given to the recent fiscal deterioration, the federal government faces even larger fiscal challenges that will persist long after the return of financial stability and economic growth. GAO’s simulations continue to show escalating levels of debt that illustrate that the long-term fiscal outlook remains unsustainable. In little over 10 years, debt held by the public as a percent of GDP under our Alternative simulation is projected to exceed the historical high reached in the aftermath of World War II and grow at a steady rate thereafter . . . READ MORE

9th Circuit Court of Appeals orders release of R-71 petitions

The Ninth Circuit Federal Appeals Court has ruled for Secretary of State Sam Reed in the dispute whether or not to release the R-71 petitions in response to a public records request. Here is the Court's order:  The court, after consideration of the record and briefs of the parties, and oral argument, has determined that the district court’s Order Granting Plaintiffs’ Motion for Preliminary Injunction (the “Preliminary Injunction Order”), filed September 10, 2009, relies on an incorrect legal standard and, therefore, must be reversed . . . READ MORE

Supreme Court rules judiciary not subject to public records act

In a 7-2 ruling this morning (includes one concurring opinion), the state Supreme Court declared that judicial records are not subject to disclosure under the public records act. Writing for the majority, Justice Susan Owens said: "This court previously held that the PRA does not apply to the judiciary and the legislature acquiesced to that decision by not modifying the PRA. We see no reason to violate the doctrine of stare decisis here. The trial court correctly held that the PRA does not require the City to release the judicial records requested by Koenig, and we affirm." Chief Justice Gerry Alexander and Justice Debra Stephens dissented saying . . . READ MORE

Sunshine Committee recommends sunset review for new records exemptions

The state Sunshine Committee this morning unanimously adopted a recommendation that any new exemptions from public disclosure undergo a sunset review. Here is the recommendation as adopted by the Committee: "The Committee makes the following recommendations for new legislation: 1. The Legislature incorporate all existing and further exemptions into the Public Records Act by express reference. 2. The Legislature limit all future exemptions to a term of five years and be that such exemptions be examined by JLARC (Joint Legislative Audit Review Committee), the Sunshine Committee, or other competent body, a year prior to their expiration on a case by case basis to determine if they merit reauthorization or should be eliminated or revised." The recommendation adopted was an amended version of this proposal first introduced on May 12 . . . READ MORE

Treasurer worries about state's credit rating

Earlier this year State Treasurer James McIntire highlighted the state's strong credit ratings. Now, however, he is worried the state may have to pay millions more to borrow money. According to the Seattle PI: "Tim Eyman's initiative that would limit government spending could hurt Washington's credit rating, which would cost the state tens of millions of dollars, state Treasurer James McIntire says . . . McIntire said credit ratings consider numerous factors, including initiatives like Eyman's." Credit raters like Moody's say "Voter initiative activity adds element of fiscal uncertainty,” and is a challenge for the state, but the adoption of a tax or spending restriction did not make Moody's list of things that would reduce the state's credit rating. Perhaps the reason adoption of a tax or spending restriction didn't make the list is the fact Washington already has both. In fact, the state's credit rating didn't drop after passage of I-601 (tax and spending restriction) in 1993 or I-960 (tax restriction) in 2007 . . . READ MORE

State Auditor & Attorney General: We need a better way to enforce open government laws

The Open Government Task Force created by State Auditor Brian Sonntag and Attorney General Rob McKenna met this morning to discuss alternative ways to enforce the state's open government laws. Currently the only option available to citizens is to file a lawsuit if they disagree with an agency's opinion on whether a record should be disclosed. Opening the meeting State Auditor Brian Sonntag noted there has to be a better way for citizens to access government records without having to resort to lawsuits. Attorney General Rob McKenna agreed highlighting the fact that every other area of law has an administrative mechanism for addressing concerns. The reason is administrative mechanisms are faster and more cost effective than relying solely on court relief. Unfortunately, Washington lacks this type of recourse for enforcement of the state’s open government laws . . . READ MORE

Governor wants agencies to focus on core missions

The House State Government committee held a work session today focused on how to improve agency efficiency. Rep. Sam Hunt, Chair of the committee, opened the meeting by asking, "What do we do to make government more efficient?" One of the solutions provided by the Governor's Office is for agencies to spend more time on their core missions versus "back office" activities. Here is the info from one of the Governor's handouts. Also discussed was the joint effort between the State Auditor and the Governor to review ways to improve agency efficiency. Here are additional details on the State Auditor's effort and the Governor's reform goals. 

DOR: Three Million State Residents May Have Unclaimed Property

In need of extra cash? The state is holding $700 million in unclaimed property - some of which may be yours. According to the Department of Revenue: "Three million current or former Washington residents have a stake in $700 million in unclaimed property being held by the Washington State Department of Revenue. You may be one of them . . . Unclaimed property includes items such as uncashed paychecks, rent and utility deposits, refunds, escrow funds, dormant bank accounts, stocks and bonds and even the contents of safe deposit boxes . . . Revenue Director Cindi Holmstrom said the odds of someone finding unclaimed property have grown steadily over the years, are now literally 50-50, as the Department continues its efforts to educate businesses on the legal requirements to turn over unclaimed property." Click here to see if the state is holding your unclaimed property.

Open Government Task Force Meeting October 5

The Open Government Task Force created by State Auditor Brian Sonntag and Attorney General Rob McKenna will hold the first of two meetings on October 5. According to the Task Force's website: "The purpose of the Open Government Task Force is to study and make recommendations on the creation of an administrative board to rule on complaints of violations regarding the Public Records Act (PRA) and the Open Public Meetings Act (OPMA)." Here is the agenda and handouts for Monday's meeting. The meeting is open to the public and will be held from 9 am to 1 pm in the Senate Rules Room.

Ways & Means budget handouts

The House and Senate Ways and Means committees met today to discuss the state budget. Among the many interesting presentations was the Senate update on the state budget outlook and the House comparison of state budget processes. Here are some of the details of note . . . READ MORE