What and Where are the Bills of Special Session

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The Governor, the Senate and the House all stated that the focus of the first special session of 2010 would be budgets, revenue, and job creation. While it is clear that the bills that would implement the 2010 supplemental operating and capital budgets and any revenue increases are necessary, several other bills are also required to pass to implement the budget and revenue proposals of the Legislature.

Bills, referred in the political arena as NTIB (Necessary to implement the budget), are widely defined. Many are deemed NTIB because they allow for implementation of budget policies, create cost savings, and/or are take home bills for policymakers.

During this first week of the first special session of 2010 several bills have been reintroduced that did not pass the Legislature prior to adjournment of the regular session.

A summary of the five bills Evergreen is tracking through the course of the special session are below.

House Bill 2561

 House Bill 2561 authorizes the State Finance Committee to issue $861 million in general obligation bonds, to be known as Jobs Act Bonds (Act), for the purpose of creating jobs by constructing capital improvements that lead to energy-related cost savings in public schools, state colleges and universities, and other public facilities. Public schools, colleges and universities and other public facilities would compete for funds in two rounds of competitive grant funding for the dollars according to criteria laid out in the bill. The first round is dedicated solely to education and higher education.

House Bill 2561 has been referred to in the media as one of the vehicles that the Legislature may consider as part of its job creation efforts in the special session.

HB 2561 passed the House 54-39 on the second day of the special session and awaits further action in the Senate Ways & Means Committee.

House Bill 2854

House Bill 2854 determines student eligibility for the Higher Education Loan Program (HELP). To be eligible a student is defined as one that: (1) has an annual family income, adjusted for family size, that is no greater than 130 percent of the Washington median family income; (2) has completed the free application for federal student aid; (3) is a Washington resident; (4) is not enrolled in Theology as a field of study; (5) is enrolled at least half-time in a first-aid-eligible certificate or degree program up to and including graduate and professional degrees; (6) maintains satisfactory academic progress as determined by the attending institution; (7) is not delinquent or in default on a federal or state student loan; and (8) is not past due in child-support obligations.

The bill also establishes a limit on the loan amount granted per academic year is established as the cost of attendance minus any other student financial aid received.

HB 2854 passed the House 58-35 on the second day of the special session. A public hearing on the bill was held in Senate Ways & Means Committee on March 17.

House Bill 3193

House Bill 3193 reduces the bonus for National Board-certified teachers teaching in high poverty schools from $5,000 to $2,500 during the 2010-11 school year.  In addition, persons receiving the National Board bonus are required to be in “instructional assignments” in a Washington public school.

HB 3193 awaits further action on the House floor.

SB 6409

Senate Bill 6409 creates the Washington Opportunity Pathways Account. Beginning in state fiscal year 2011, all net revenues from in-state lottery games that are not otherwise dedicated to debt service on the Safeco Stadium and Qwest Field and Exhibition Center are dedicated to the new account. All net income from the multi-state lottery games, other than those dedicated to the Problem Gambling Account, are deposited into the Washington Opportunity Pathways Account rather than into the General Fund.

The Washington Opportunity Pathways Account is subject to appropriation by the Legislature, and may only be used for the following programs: recruitment of entrepreneurial researchers, innovation partnership zones, and research teams; the early childhood education and assistance program (ECEAP); the State Need Grant; the State Work Study program; College Bound Scholarships; Washington Promise Scholarships; Washington Scholars; the Washington Award for Vocational Excellence (WAVE); the Passport to College Promise; the Educational Opportunity Grant; and GET Ready for Math & Science Scholarships.

SB 6409 passed the Senate  32-10 on the second day of the special session and awaits further action on the House floor.

SB 6503

Senate Bill 6503 as passed by the Senate on March 16 expresses the intention of the Legislature that state agenices and institutions of higher education reduce government operating costs. In doing so agencies and institutions of higher education are required to preserve family wage jobs. The bill further requires the following:

  • The Office of Financial Management (OFM) certify to each state agency the compensation reduction amount to be achieved by the executive branch agency or institution as provided in the omnibus appropriations act.
  • Executive branch general government state agencies and higher education institutions may submit plans that achieve compensation cost savings to OFM. The State Board for Community and Technical Colleges shall submit a single plan on behalf of all community colleges.
  • Compensation reduction plans submitted by higher education institutions may include leave without pay, temporary layoffs, reductions in force, reduced work hours, and voluntary retirement, separation, and other incentive programs authorized by law.
  • OFM shall review, approve, and submit the higher education institution plans that achieve the required cost reductions to the legislative fiscal committees. Those institutions that do not have approved plans will close on the ten dates specified in the amendment.
  • Legislative branch agency plans for mandatory and voluntary leave will achieve savings as provided in the omnibus appropriations act and are subject to the approval of the Chief Clerk of the House of Representatives and the Secretary of the Senate.
  • Judicial branch agencies will similarly submit plans for review and approval by the Supreme Court. Agency closure days will not prevent actions from being considered timely on the next business day.
  • Specified activities of agencies and institutions are exempt from closure or reductions. Minimal use of state employees by any agency or institution is permitted as necessary to protect public assets, protect information technology systems, and maintain public safety. For higher education classroom instruction, operations not funded from state funds or tuition, campus police and security, emergency management and response, and student health care are exempt.
  • The agency employing an employee not scheduled to work on an agency closure day must designate an alternative day during the same month for the employee to take temporary leave without pay.
  • Employees earning less than $30,000 per year may use annual leave or shared leave in lieu of a temporary layoff.
  • Implementation subject to bargaining will be performed consistent with applicable laws.
  • For state agencies, temporary layoff impacts will be negotiated between each agency and one coalition of all exclusive bargaining representatives.
  • For higher education institutions that have negotiations conducted by the Governor or Governor’s designee, and that have submitted a reduction plan, negotiations regarding impacts shall be conducted between coalitions of representatives at each college, college district, or university of all the exclusive representatives.
  • For institutions that do not submit aplan, negotiations regarding impacts shall be conducted between the Governor or Governor’s designee and one coalition of all the exclusive bargaining representatives. Institutions that do not have negotiations conducted by the Governor or Governor’s designee shall each negotiate institutional impacts.
  • An exception to the requirement that agencies remain open 40 hours per week is provided.
  • In addition to the Public Employees Retirement System provisions in current law eliminating the effect of temporary salary reductions on pension calculations (chapter 430, Laws of 2009), members of the Teachers’ Retirement System, the Public Safety Employees’ Retirement System, the Law Enforcement Officers’ and Firefighters’ Retirement System and the Washington State Patrol Retirement System will not have pension calculations reduced for salary not earned as a result of compensation reductions integral to expenditure reduction efforts.
  • The act contains an emergency clause and takes effect immediately. 

Senate Bill was further amended on the Senate floor to:

  • Direct that state agencies and institutions reduce expenditures on salaries and benefits for Washington Management Service and exempt management positions by amounts provided in the omnibus appropriations act. The reductions shall be sufficient to save $10 million General Fund-State in Fiscal Year 2011
  • In higher education institutions, the amendment exempts student employees from the compensation reduction plans and the agency closure dates.