Much of New Revenue Proposed is Temporary

According to a news article by the Washington State Budget & Policy Center and echoed by blogs at the Seattle Times and the Everett Herald, 43% of the $801 million proposed in new revenue is temporary in nature.

The short-term fixes include:

– A B & O Tax surcharge to service-based industries that would increase the tax rate from 1.5% to 1.8% and expire June 30, 2013. This surcharge would generate an estimated $246 million in revenue per year.

– A $0.50 increase per gallon of beer, with an exemption for microbreweries generating less than 60,000 barrels of beer annually. The tax increase would expire June 30, 2010 as well and raise around $58 million per year.

– A new tax on soda of $0.02 per 12 ounces would expire on the same date and potentially raise $38 million per year.

The rest of the $801 million will be raised by permanent tax increases and business reforms, the largest of which would raise $155 million by clarifying and eliminating a State Supreme Court ruling that originally expanded a B&O tax exemption intended to apply only to businesses like Avon or Mary Kay that sell products solely through door-to-door sales.

Also proposed are sales tax expansions that would capture $64 million in revenue by creating a tax on bottled water and eliminating an exemption on candy and gum.

No Agreement Yet…But Here is What All the Buzz is About

This week the House and Senate have been busy exchanging revenue proposals and counter-proposals.  Though no agreement has been reached between the two chambers, details of the single revenue package that is being shared among members of both the House and Senate have been revealed.

The current revenue package being discussed by all on The Hill does not include a sales tax or a a tax on software. In addition the package would continue exemptions on first mortgage interest income and out-of-state shoppers.

Further examination shows that three of the proposed provisions are temporary and expire in 2013. These include the B&O surcharge on most service businesses, the beer tax increase, and the soda/pop tax increase. To protect small service businesses, the B&O surcharge includes a doubling of the small business tax credit. Small businesses with gross sales up to about $56K will be exempt and those making up to about $80K will pay less. None of Washington’s breweries should be impacted by the beer tax increase since microbreweries will continue paying the same tax. Finally, a B&O tax credit for jobs at Washington’s candy manufacturers will likely buffer them from any negative impact of the candy sales tax.

Current Revenue Proposal
($801.3 million)

  • Temporary Services B&O surcharge to 1.8% without hospitals. Small business credit doubled. Effective May 1, 2010 and expires June 30, 2013 ($245.9 million)
  • Temporary Beer Tax increase of 50 cents per gallon. Microbreweries exempt. Effective June 1, 2010 and expires June 30, 2013 ($57.8 million)
  • Temporary soda/pop tax increase of 2 cents per 12 oz. Bottlers under $10 million in volume exempt. Effective July 1, 2010 and expires June 30, 2013 ($38.1 million)
  • Dot Foods ($154.7 million)
  • Cigarettes and other tobacco products (House Bill 2493) ($101.4 million)
  • Nexus ($82.4 million)
  • Sales and use tax applied to bottled water ($35.3 million)
  • Sales tax applied to candy and gum. B&O credit for jobs ($29 million)
  • Lottery Marketing (Senate Bill 6409) ($15 million)
  • Convention Center (Senate Bill 6889– Delivered to the Governor) ($10 million)
  • Tax avoidance ($8.2 million)
  • Property management. B&O ($6.9 million)
  • Agrilink ($4.1 million)
  • Homestreet fix ($3.9 million)
  • Corp. Dir. B& O ($2.1 million)
  • Bad debt ($1.7 million)
  • Livestock nutrients ($1.5 million)
  • PUD clarification ($1.2 million)
  • Tax debts corp ($1.1 million)
  • B&O dues ($1 million)

Both chambers hope to announce an agreement or disagreement sometime today with regard to the current proposed revenue package.

Over the weekend and through Tuesday, the Senate and House will need to pass a revenue package and operating and capital budgets, as well as, take action on various bills necessary to implement revenue and/or the budget, including the cigarette tax (HB 2493) which has passed the House and is now in the Senate; the lottery bill (SB 6409) which has passed the Senate and awaits action by the House; and finally perhaps take action on Senate Bill 6503 which would require state agencies to take a portion of their cuts in compensation related actions.

A Flurry of Action Over Revenue…Counting Votes

Though no final revenue agreement has been reached, a flurry of activity between the House and Senate leadership has taken place in efforts to find common ground.

The Senate and House both held Pro Forma sessions today and are expected to hold Pro Forma sessions tomorrow. Though most of the members are away from Olympia,  Senate and House leadership have met multiple times over the last few days to review and exchange offers on a revenue package. In addition, leadership from both chambers have met together with the Governor.

The details of the negotiations over revenue are being held close to the vest as the 30-day deadline for the first special session nears. However, one critical piece of information that has been confirmed is that the Senate has officially removed a plan to temporarily increase the sales tax from current negotiations.

At this time, each chamber is meeting with their respective members regarding the latest proposal in negotiations. If sufficient votes can be counted in favor of a negotiated package, it is possible that the Legislature will be able to conclude the first special session by Tuesday, April 13 the official deadline.

House Tweaks Revenue Proposal…Members and Senate Review

Earlier this week, the Senate released a new revenue package. Yesterday, Finance Chair Ross Hunter announced the House has a slightly-tweaked counter-proposal.

The changes that the House is proposing have not been shared. Representative Hunter did note that the House tweaked version of the Senate’s revenue proposal was presented to House members last night.  In addition, House and Senate leadership were also scheduled to talk last night regarding revenue.

At the time of this post,  the Senate has yet to voice any support or concern on the changes proposed by the House.

The revised package proposed by the Senate further reduces the sales tax increase from two-tenths of 1 percent to one-tenth of one percent and retains the Working Family Tax Rebate. In addition, the new proposal increases the existing tax on beer to 50 cents per gallon; beer with micro-brews exempted, and extends the sales tax to candy and gum with in-state producers getting a jobs tax credit. Finally, the new proposal includes the House’s proposal to raise taxes on all tobacco products, not just cigarettes.

The Senate and House are scheduled for Pro Forma sessions today and tomorrow, Thursday, April 8.  Both chambers are scheduled for floor action and caucus on Friday, April 9.

One-Week to Go…Senate Reveals New Revenue Package

Over the weekend, Senate leadership offered a revised revenue package to the House. The new Senate proposed revenue package would raise $816 million.

The revised package proposed by the Senate further reduces the sales tax increase from two-tenths of 1 percent to one-tenth of one percent and retains the Working Family Tax Rebate. In addition, the new proposal increases the existing tax on beer to 50 cents per gallon; beer with micro-brews exempted, and extends the sales tax to candy and gum with in-state producers getting a jobs tax credit. Finally, the new proposal includes the House’s proposal to raise taxes on all tobacco products, not just cigarettes.

Overall the new Senate proposed revenue package raises $502.5 million in business-related taxes (i.e. court cases and loopholes).  The remaining $313.8 million in revenue is raised by:

  • Taxing bottled water (effective May 1, 2010) ($35.3 million);
  • Increasing taxes on cigarettes (effective May 1, 2010) and other tobacco related products (effective October 1, 2010) ($101.4 million);
  • Increasing the sales tax by .10 (effective June 1, 2010)($90.3 million);
  • Increasing the tax on beer by $0.50 ($57.8 million); and
  • Extending the sales tax to candy and gum ($29 million)

As of today, most House members had not seen the Senate’s new revenue proposal.

House Passes Compensation Reduction Bill

This afternoon the House passed Senate Bill 6503 which focuses on state savings through the reduction of compensation-related changes for state employees.  The bill is referred to by many as the “furlough bill”.

The bill adopted by the House this afternoon, in a vote of 50-38, differs from the version of the bill passed by the Senate on the first day of special session.  The underlying bill (Senate Bill 6503) was amended on the House floor to:

  • Provide that alternate higher education plans may provide for reductions to operations, as well as compensation.
  • Exempt agency closure requirements  for functions of the Attorney General’s Office directly related to civil, criminal, or administrative actions, the Office of Financial Management (OFM), during sessions of the Legislature, and the Labor Relations Office of OFM through November 1, 2010.
  • Allow bargaining between the governor and each exclusive bargaining representative, rather than the Governor negotiating with a single coalition of all of the exclusive bargaining representatives, in the event that general government state agencies do not have approved reduction plans.
  • Exempt the operations of the Office of the Insurance Commissioner that are funded by industry regulatory fees from the requirement of agency closure days or approved alternate compensation expenditure reduction plans.

Senate Bill 6503 now goes to the Senate for concurrence on the changes made by the House. If the Senate does not concur on the amendments the bill will go to conference.

Water is Just as Murky as Before

The Washington House is the on the floor today to consider several bills necessary to implement the budget. The Senate opened the floor today with a Pro Forma session and then adjourned until Monday, April 5 at Noon.

Negotiations and discussions continue on all fronts and are expected to continue through the weekend. The point of contention at the end of the regular session and the beginning of the special session nineteen days ago remains the sticking point today – revenue.

The primary focus of disagreement has and continues to be the implementation of a temporary general sales tax increase. The Senate has supported this increase and included it as part of their package to reach the agreed upon $800 million revenue target. The House, however, does not have the support for an increase in the sales tax.

Last night Senator Brown, Senate Majority Leader, shared in a telephone interview that she has communicated with Governor Gregoire and House leadership that she would try to develop a new proposal without a sales tax that still meets the $800 million revenue goal.

As noted by many on the Hill the process of dropping the sales tax and adding back revenue adjustments that would reach the $200 million covered by the currently proposed sales tax is not a simple act of subtraction and addition.

For one thing, the Senate is holding firm to raising $800 million in new revenue. It also appears that the Senate is having difficulty finding the 25 votes needed to support other substitute taxes (i.e. in place of the sales tax), such as a tax on first-mortgage interest earnings of banks; adding a sales tax to custom software transactions; and ending a sales-tax exemption for out-of-state residents whose purchases help border-county businesses.  

At the same time, the House is finding challenges in securing the 50 votes necessary to pass a sales tax increase and is holding firm on its opposition to repeal a $10 million tax break for coal purchases by the TransAlta power plant in Centralia and other Senate proposals.

Which raises the point that until a deal is final and passed out of the Legislature, it still comes down to votes.

The Governor and House and Senate leadership continue to meet to try to find a go-home package that will bring the special session to an end. Fingers are crossed that an agreement will be reached early next week, giving time for printing, this would open the way for legislators to return on Friday (April 9) and work through the special session deadline (April 30) to pass a 2010 supplemental operating and capital budget and revenue package.

Revenue Deal Reached…We Think

This morning it was reported that the House and Senate have reached a deal on a tax package of $800 million to close the $2.8 billion state budget gap. 

Specific details are not available, but it is anticipated that the final deal will not include the temporary sales tax included in the Senate’s proposed revenue package.

It will take several days to draft the bill, run the numbers, and print documents. With that in mind a vote is not expected until mid-week next week or later.

On the Seventeenth Day there was Movement on the Horizon

This week has been a quiet one at the Capital.  Both the House and Senate have held “Pro Forma” sessions (no action) since Monday. Beginning tomorrow that is expected to change.

The Senate will come in on Thursday, April 1 (hopefully not an April Fool’s joke) to take action on a few remaining bills in order to move them to the House.  The House is expected to come in for floor action on Friday, April 2 to approve the bills the Senate moved over.

Negotiations continue to take place with regard to the supplemental budgets and possible revenue, with revenue continuing to be the major point of contention.

Last week Governor Gregoire suggested that a compromise may be to reduce the revenue package to $700 million. This would require either lowering the state’s ending fund balance or spending in the overall budget. The Senate strongly rejected both ideas.

In order to continue to move forward, last Friday, Sen. Brown (Senate Majority Leader) indicated in a press conference that she is beginning to discuss the possibility of finding something other than the sales tax that would fill the $200 million revenue gap that remains between the House and Senate. The other $600 million, noting the revenue target is $800 million, has been pretty much agreed upon (i.e. closing loopholes, using one-time funds, increasing the cigarette tax).

In response to Senator Brown’s comment, Senate budget writers spent this past weekend combing through a huge list of current tax exemptions looking for the elusive solution to end this special session.

It may appear that this hard work is paying off. Word on the street has it that the Senate and House will work this Thursday and Friday and perhaps the weekend and, if necessary, return April 9 to wrap up the special session by April 13 (the 30-day deadline).

Stay tuned…

The Beginning of Week Three

While many of us on Evergreen’s campus consider today the first day of spring term, for those of us with a foot in the legislative arena it also marks the first day of week three of the first special session of 2010. Is there any end in sight?

Negotiations continue on the 2010 supplemental operating and capital budgets. Though no agreements on either budget have been finalized, the issue  that has kept legislators in Olympia 15 days beyond the end of the regular session is revenue. More specifically, the sales tax and whether to increase the sales tax or not. The Senate is in favor and the House and Governor are not.

On Friday, some suggested that the Senate’s decision to move Senate Bill 6143 (revenue bill) to conference may be a small and optimistic sign towards the passage of a supplemental budget.  Optimism continued to rise, when later that day in a press conference Sen. Brown eluded to looking for $200 million in taxes to replace the Senate’s proposed sales tax increase. The source of these taxes was not made clear.

Both of these moves may lead one to be more optimistic than even 48 hours ago. However, there are still many in the Senate who support a sales tax and have concerns with regard to the business tax increases, proposed by the House, that are still in the mix.

As for now, the bills needed to implement a 2010 supplemental operating budget, 2010 supplemental capital budget, and increase revenue remain where they were at the end of last week. In addition, the bills that Evergreen is tracking this special session also have not moved further in the process.