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CADF sends petition to legislative committee to challenge proposed rule implementing unconstitutional tax

Today Citizen Action Defense Fund (CADF) sent a
petition in the form of a letter to the chair of the Joint Administrative Rules Review Committee (JARRC) of the Washington Legislature challenging the statutory authority of a proposed rule put forward by the Department of Revenue. The committee has jurisdiction under the state Administrative Procedures Act to review whether proposed rules are consistent with the law. The Department’s proposed rule implements the capital gains income tax that was struck down as unconstitutional by a trial court earlier this year. The case is on appeal to the state supreme court which has not yet set a date for argument. Because the state did not ask to stay the lower court ruling, the statute is void.

Read the full release below.