House votes on fee increases
The news wires are a buzz this morning with stories about yesterday's vote by the House on HB 3381 -- an omnibus fee increase bill. Many of the stories mention that prior to I-960 agencies were allowed to increase fees up to a certain percentage as authorized by law. While this is true, the legislature would consistently insert blanket authority via a budget proviso for agencies to increase their fees in excess of the fiscal growth factor. Here is just one of the many examples in the base 2007-09 budget:
NEW SECTION. Sec. 146. FOR THE HORSE RACING COMMISSION
Horse Racing Commission Operating Account—State Appropriation . . .$5,499,000The appropriation in this section is subject to the following conditions and limitations: During the 2007-2009 fiscal biennium, the commission may increase license fees in excess of the fiscal growth factor as provided in RCW 43.135.055.
These budget provisos provided agencies with a blank check to increase fees to any level they desire. I-960 changes that process by requiring the legislature to approve the actual fee increase amount instead of delegating that authority to agencies – a process that appears to be working at this time though the following sections of HB 3381 appear to be in conflict with this requirement:
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Under I-960 the legislature needs to authorize the actual fee increase amount or can authorize a percentage increase as done in section 30 of HB 3381, but it can’t delegate the decision on the fee increase to the agency without an amendment of I-960 (this would be just like the previous system of inserting blanket line item provisos for agencies to increase fees at will without legislative approval for each increase as required by I-960).
Here are today's articles on the legislative vote:
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