WSSDA

Daily Legislative Update

by Dan Steele, WSSDA Director of Governmental Relations

For Friday, March 5, 2010

Note: WSSDA's weekly video update is now available on our YouTube channel.

Just prior to the preparation of Thursday’s Update, HB 2776 was added to the Senate’s list of consideration; however, before it was acted upon the Senate recessed to convene a meeting of the Senate Ways & Means Committee. As we reported yesterday, the Senate Ways & Mean Committee met to hold a public hearing on a substitute version of SB 6250, which would impose a “high earners” income tax, subject to a vote of the people. The proposed referendum would also repeal the temporary three-tenths of a cent increase in the sales tax (assuming the Senate’s revenue proposal was enacted) and also reduce the base state sales tax by one half-cent. We will provide more on this issue below.

When the Senate reconvened last night, one of the bills they adopted was HB 2776. HB 2776 is the Quality Education Council bill that would adopt new funding distribution formulas for K-12 education. Adoption of this bill would begin the implementation of last year’s HB 2261 (Basic Education finance reform) by attaching numerical values to allocations in the prototypical funding formula. The Senate-adopted version of this QEC bill is different than the House version (SB 6760, which was amended by the House Ways & Means Committee, but has not yet been acted upon by the full House) and there are now questions about whether the two houses can agree on a final bill. HB 2776 was adopted by the Senate with no dissenting votes and now returns to the House.

On Friday, the House finally took up SB 6696, the education reform bill intended to enhance Washington’s application for federal “Race To The Top” funds.  The bill would make changes to teacher/principal evaluations; changes teacher tenure provisions; expands options for educator certification; and implements the State Board’s statewide education accountability system. As adopted, SB 6696 also includes language to implement the new prototypical school funding model (HB 2776/SB 6760). The bill was adopted with a vote of 76-22 and now returns to the Senate. Similar to HB 2776 discussed above, there are questions about whether the two houses will be agree to a final compromise bill. Even though much work with be done to secure passage of SB 6696 in the remaining days of this session, many legislative observers are beginning to believe this bill will die. Review TVW’s Blog for some of the key points of today’s debate.

Above, we noted yesterday’s Senate Ways & Means Committee public hearing on a new income tax plan. This caught most people off-guard, as it had not been talked about all session. Today brought more surprises. Yesterday, the Senate Ways & Means Committee scheduled a meeting for today, but failed to provide notice of what would be on the agenda. Many assumed the Committee would take action on it’s newly released income tax plan, but when the agenda was released this morning three bills were on the executive session list: SB 6578 (regarding a new permitting process – no impacts on K-12), along with SB 6874 and SB 6143. SB 6874, one the bills in the Senate’s original revenue package, would increase the cigarette tax from $2.25 per pack to $3.25 per pack, raising an expected $86 million. The new revenue would go into a “Basic Health Plan stabilization account.” The tax would go into effect June 1, 2010. The bill only makes the appropriation to the stabilization account for 2011 — meaning the Legislature could use the money for other purposes beyond 2011. SB 6143 was originally introduced last session as a “Title Only” bill and never received a public hearing — this year or last year — so it was a bit of a head-scratcher about what this bill would do and why it was on the executive session list. A Proposed Substitute of SB 6143 was reviewed in Committee which combines two of the bills (SB 6873 – tax loopholes and SB 6875 – sales tax increase) from the Senate’s original revenue package. In short, the bill: eliminates a number of tax loopholes or tax exemptions; and imposes a temporary three-tenths of a cent increase in the state sales tax. Similar to SB 6875, the bill also establishes a Working Families’ Tax Exemption for low-income citizens. In the middle of this bill being amended for final adoption by the Committee, the Committee recessed to return to the Senate floor to continue adopting bills before tonight’s 5:00 pm cut-off deadline. Shortly after the full Senate adjourns this evening, the Committee will reconvene, finalize amendments to the bill and, presumably, will adopt the bill.

What does all this mean for next week’s scheduled end of the session?  It is unclear at this point. Although we know that House and Senate budget-writers (and leadership) have been meeting together, it remains unclear whether there is any type of agreement on a tax package (or budget) between the two houses. It is assumed an agreement has not been reached, however, because it does not yet appear that there is agreement WITHIN either house, let alone an agreement with the other house. Following tonight’s 5:00 pm opposite house cut-off, most of the legislative attention will turn to finalizing a budget and tax package. In fact, it is expected at least budget-writers will work extensively through the weekend in the hopes of reaching an agreement as quickly as possible. Although Sine Die does not arrive until midnight on Thursday, March 11, much of the groundwork for the end of session must be completed much sooner than that. Most legislative observers believe if a budget/tax plan does not come together by Monday (or perhaps Tuesday morning at the latest) a Special Session will be needed to complete business.

This brings up an interesting situation, however. Many predications, threats and scare tactics will be tossed about in the coming days. One interesting possibility was put on the table by Rep. Jeff Morris, the House Speaker Pro Tempore. In a conversation with TVW, he discussed the possibility of the Legislature adjourning with no budget adoption. Because the state’s two-year budget in already in place, having been adopted last session, a supplemental budget does not necessarily have to be adopted. Of course, the state has a $2.8 billion budget problem to address. If no supplemental budget was adopted, Washington would run out of money later this year (State Treasurer Jim McIntire has warned that Washington’s “cash” would run dry in September without new revenues or reductions in budget expenditures). At that point, the governor would have the authority (and the legal obligation) to implement across-the-board budget cuts. It does not seem that this scenario is very likely; however, it could be a scary enough possibility that it could drive legislators to agree to a budget/tax plan that many of them are not very comfortable with. The question to hold-out legislators could be: would you rather adopt a budget with too many program cuts, or go home without a budget and force the governor to make across-the-board budget cuts?  Truly, this is the time in session which the Olympia-regulars call the “silly season.”

Finally, just a quick note that the Senate finally released its 2010 Supplemental Capital Construction Budget proposal today. For details, please see the Legislative Evaluation & Accountability Program Committee budget page. We will also provide some information in Monday’s Update

WSSDA Legislative Report Index

WSSDA legislative reports are prepared by WSSDA's Governmental Relations staff team: Dan Steele (360.252.3010) and Sheila Chard (360.252.3011). We welcome your questions and comments. We also encourage school directors to keep in touch with their legislators on a regular basis. If you need contact information, visit the Legislature's District Lookup Tool. WSSDA also provides a number of links to key House and Senate committees.