WSSDA

Daily Legislative Update

by Dan Steele, WSSDA Director of Governmental Relations

Sine Die Edition — Tuesday, April 13, 2010

Note: WSSDA's post-session video update will be available later today at www.youtube.com/wssda

In the wee hours between Monday night and Tuesday morning, the 2010 Legislature finally adjourned. This “short” 60-day supplemental session turned into a protracted 90-day affair, caused by a House vs. Senate stalemate over taxes. Just when legislative observers were starting to believe budget and tax negotiators were not going to be able to come to agreement within the constitutionally limited 30-days allotted for a Special Session, the dam broke — this past weekend, after multiple offers and counter-offers, House and Senate leaders resolved their differences and struck a deal on a tax package. Then, the other dominoes fell into place fairly quickly: agreements on a final 2010 Supplemental Operating Budget and a final 2010 Supplemental Capital Budget were finalized. A job-creation bill was a part of the “end game” and was linked to the agreements on taxes and the two budgets. Each of these “go home” pieces were completed before the 2010 Legislative adjourned “Sine Die” last night.

The final, compromise tax package, estimated to raise just under $757 million, imposes a B&O tax surcharge on services; increases taxes on cigarettes, beer and pop; extends the sales tax to bottled water, candy and gum; and makes various tax changes to ensure out-of-state companies pay Washington taxes. Ultimately, the Senate gave up on an increase in the state sales tax and the House gave up on the elimination of tax breaks for banks, buyers of custom software and out-of-state residents.

The 2010 Supplemental Operating Budget includes approximately $755 million in reductions from the underlying 2009-11 budget adopted last year, including about $120 million in K-12 cuts (a reduction in the Maintenance Level budget). The K-12 portion of the budget includes the following major changes:

  • An additional $29.8 million is provided to increase Local Effort Assistance from the current 12 percent rate to 14 percent.
  • An additional $8 million is provided to maintain funding for the Per Pupil Inflator at 4 percent, as originally established in the underlying 2009-11 budget.
  • An additional $5.1 million is provided to implement SB 6696, the Race to the Top education reform bill ($2.4 million) and to begin implementation of HB 2776, K-12 funding formula changes ($2.5 million)
    As anticipated, the remaining per pupil allocations for Initiative 728 Student Achievement Funds are eliminated, saving $79 million.
  • Current funding for K-4 Class Size Enhancements are reduced by $30 million. Funding for K-3 enhancements is maintained; grade four enhancements are reduced.
  • Bus Depreciation funding is reduced by $22 million. Funding will be provided to cover the sales tax cost of replacing buses in the final year of the bus’s expected life cycle, rather than providing a portion of the funds to districts each year, as is current policy.
  • $15.6 million is saved by eliminating the last state-funded Learning Improvement Day

Another fairly minor budget issue — but a major, disconcerting policy issue — is embedded in the final budget, as adopted last night. As originally adopted by the Senate, the final budget includes $250,000 to fund a School District Reorganization Commission. The Commission will be required to develop and recommend a comprehensive plan for the reorganization (that is, “consolidation”) of Washington school districts for review and potential adoption by the Legislature by Dec. 1, 2012. The plan must include the following: A list of the recommended school districts and ESDs and their respective boundaries; recommended procedures and timelines for phased-in implementation of the reorganization plan; procedures and timelines for determination, adjustment, and transfer of assets and liabilities among school districts, including bonded indebtedness; procedures and timelines for determination and election of school district and ESD boards of directors; and any other relevant elements the Commission deems essential for legislative and gubernatorial consideration (Section 501 (1)(b)(i-iv) of SB 6444). The governor has the opportunity to veto these provisions; however, she has expressed support for school district consolidation in the past, so it is unlikely she will strike this language.

Further details of the 2010 Supplemental Operating Budget are available on the Legislative Evaluation & Accountability Committee’s Operating Budget page. Included is the final bill as passed the Legislature, a complete agency detail and a summary of the budget.

The 2010 Supplemental Capital Construction Budget (HB 2836) makes changes to the original 2009-11 Capital Budget adopted last year. For K-12 education, there is a reduction of almost $120 million. The largest reduction is in the School Construction Assistance Grant Program (almost $169 million). It is not anticipated, however, that this reduction will impact any school construction projects currently “in the pipeline.” Skills Centers also receive reduced appropriations: Vocational Skills Center construction ($3 million); Vocational Skills Center Minor Capital Projects ($100,000); North Central Technical Skills Center ($47,000); and Northeast King County Skills Center ($997,000). Additionally, the budget provides an increase of $50 million to provide Energy Efficiency and Small Repair Grants.

Further details of the 2010 Supplemental Capital Construction Budget are available on the LEAP Capital Budget page.

Finally, a major part of the budget deals was the adoption of the so-called “Jobs Act,” HB 2561. The Jobs Act will send a $505 million bond issue to Washington’s voters in November. If adopted by the voters, jobs are anticipated to be created by providing grants for capital improvements of public facilities (school district and higher education buildings) for energy cost savings. The temporary sales tax on bottled water (a part of the major tax package, SB 6143) would be made permanent to pay the debt service costs for the bonds, if the bond issue is ratified by the voters.

Now that the 2010 Legislature has completed its business and has adjourned, WSSDA staff will continue to prepare our annual End of Session Summary. The Summary — which will include a full review of the 2010 Supplemental Operating and Capital Budgets, a comprehensive list of the many education-related bills that were adopted by this Legislature and a list of the many more education bills that were introduced, but failed to be enacted — will be mailed to all school district Legislative Representatives and also will be posted on the WSSDA Web site. WSSDA will also conduct an End of Session Webinar in the next few weeks; keep an eye out for the scheduling of that event.

As a reminder, WSSDA has already begun to prepare for the 2011 Legislative Session. The WSSDA Legislative Committee has sent a Request for Legislative Proposals to all school district Legislative Representatives and Superintendents. We encourage you and your colleagues to take some time to think about what YOU would like to see on YOUR Association’s Legislative Agenda next year and submit those ideas to the Legislative Committee for consideration. The deadline for submission is Friday, May 28, 2010. Also, mark your calendars now for the annual Legislative Assembly, scheduled for Sept. 24-25 in Vancouver, WA.

2010 is an election year — all 98 seats in the House and half the seats in the Senate will be up for election this fall. Think about your education priorities and be prepared to voice your opinion and concerns during the election season. You deserve to know if legislative incumbents and challengers alike will support or oppose your priorities.

Finally, barring any unforeseen legislative emergency, this will be the last official Daily Legislative Update for 2010. Your WSSDA staff appreciates your attention to these Updates and appreciates your willingness to be active in the legislative process, helping us to advocate on behalf of your education priorities. We trust these Updates have been beneficial to you. The preparation for the 2011 Legislative Session now begins …

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.