Legislative Update M u n i c i p a l C l e r k s A s s o c i a t i o n M a r c h 1 5 , 2 0 1 8
2018 Legislative S ession • 60-day short session ended March 8 • Change of control of S enate after November 2017 elections • Capital budget and Hirst / Fost er water compromise passed January 18 • Capital budget included funding for Public Works Assistance Account proj ects for first time in several years • S upreme Court order on McCleary education funding – phased implementation for teacher salary increases did not fully comply by S eptember 2018 deadline
AWC 2018 priorities – progress on several priorities in session • S trengthen city tools to address housing conditions in our communities • Direct funds to mental health, chemical dependency, and social safety net programs • Enhance economic development tools and programs that foster business development in cities • Preserve state-shared revenues with cities and increase law enforcement training funds
Finance Issues ESSB 6032 - Supplemental operating budget – passed • S tate-shared revenues - left fully funded • includes additional $18 m marij uana revenues to cities and counties based on February 2018 revenue forecast • Basic law enforcement academy – one additional class in 2019 and one locally funded class in 2018 • Mental health – additional $55.1 m • Opioid treatment and prevention funding – additional $14.4 m • Budget proviso for state tax structure study • Transportation budget proviso for Joint Transportation Committee study to assess the current state of city transportation funding, identify emerging issues and recommend funding sources to meet current and future needs • Report to the Legislature due by June 30, 2019
Finance Issues SHB 2597 – Local option to extend state exemptions to levy lid lifts – passed • Gives local government s t he opt ion t o exempt qualifying senior cit izens, persons ret ired due t o disabilit y, and vet erans suffering from a t ot al service- relat ed disabilit y from propert y t axes on a local levy lid lift EHB 2006 – Local revenue flexibility – did not pass • Removed the supplanting language for 0.1% mental health sales tax and levy lid lifts • Expanded authority for $0.50 criminal j ustice levy to all counties • currently limited to counties under 90,000 HB 1113 – Restoring growth in liquor revenue – did not pass • Increased the local distribution of liquor revenues by $2.5 million each year until FY 2024 when revenues would have returned to their historical distribution formula • 60% of the revenue would have been directed to public safety • Funds would have been split at the current ratio: 80% to cites and 20% to counties
Finance Issues 2SHB 2015 - Lodging tax on short-term rentals - passed • Applies the hotel motel tax on lodging with less than 59 units, including short-term rentals less than 30 days (AirBnB, etc) • Applies the King County convention center tax on lodging to lodging premises with 59 or fewer units, including short-term rentals SB 6043 – Ridesharing companies – did not pass • Established statewide regulatory authority for transportation network companies (Uber, Lyft) • Department of Licensing would have done background checks and licensing • City ability to regulate drivers and vehicle operational requirements would have been preempted • $0.10 per ride fee to fund program • Remainder distributed to local governments based on proportional number of rides per j urisdiction • Budget proviso for JTC study to recommend regulatory framework
Finance Issues SB 6587 – Utility billing – did not pass • Would have required local utility districts with 10,000 or more customers to disclose state and local tax rates, if any, on each billing statement beginning on S eptember 1, 2018 • Would have required local utility districts with 5,000 - 10,000 customers to begin disclosing tax information by the earlier of their next billing system update or January 1, 2023 • When no billing statements are issued, would have required tax rates to be made available upon request SB 6143 – Unit-price contracts – passed • Allows cities to use unit-price contracts for public works for recurring or on-call business or operations needs
Housing/ Homelessness Issues HB 1570 – Document recording fee – passed • Makes permanent and increases recording fee from $40 to $62 • Funding goes to counties for programs and housing to address homelessness HB 2667 – Housing support eligibility for permanent disability- passed • Continues eligibility for housing supports for recipients of housing supports through the Housing and Essential Needs (HEN) program for temporary disability when their disability becomes permanent and they move to the Aged, Blind and Disabled program • Previously, this transition would have resulted in loss of eligibility for housing supports, contributing to homelessness
Housing/ Homelessness Issues HB 2437 – Local option housing sales tax credit – did not pass • Optional authority for up to 0.3% sales tax credited against the state sales tax for affordable or supportive housing • Use of authority required a local match SHB 1797 – Local option housing revenue tools – did not pass • One-time sales tax credit against state sales tax for purchase or development of affordable housing • Would have extended mental health sales tax authority to counties with 1.5 million population and the cities within • City or county could have used up to $100,000 or 25% of REET II for affordable housing until June 30, 2022
S ocial S afety Net Issues HB 1047 - Medicine takeback – passed • Provides statewide program for safe drug disposal in every community, funded by pharmaceutical industry HB 2892 - Mental health field responders - passed • Creates mental health field responder pilot program to help city police departments hire and utilize mental health professionals in partnership with their police • Programs will help connect individuals with services and care rather than defaulting into the criminal j ustice system • Provides WAS PC $1m to fund eight grants per fiscal year
General Government ESSB 6002 - Voting Rights Act – passed • Allows an individual to file a lawsuit against a local government alleging that the election method (at-large or primary-only districts) dilutes their voting preference • similar to S ec 2 challenges under Federal Voting Rights Act of 1965 • allows court to impose remedies, including district-based elections at general election • Requires 180-day notice to local government for good faith process to change system with remedy, including district -based elections, to address potential violation • Establishes a four-year safe harbor from further legal challenge for changes imposed by the court or implemented in response to a notice and approved by the court • Review of notice-based changes requires court to consider facts favorable to challenger and creates rebuttable presumption of invalidity of local government remedy • Authorizes local governments to create voting districts and district-based elections at the general election, to address a potential violation • Includes cities, counties, school districts, fire districts, ports, public utility districts • Exemption for cities less than 1,000 and school districts with student population less than 250
Public S afety HB 2262 – Wrongful death – did not pass • Expanded liability for wrongful death tort claims by expanding eligible claims for parents of adult children and the scope of damages HB 2263 – Preempting marijuana regulation – did not pass • Required voter approval prior to a marij uana ban • Established general legal principle that state law preempts city ordinances or regulations pertaining to recreational and medical marij uana HB 2687 – Indigent defense funding – did not pass • Required the state to increase public defense services funding to cities and counties by ten percent every year, with full funding provided by 2028
Public safety I-940 and HB 3003 – Police deadly force – passed • 2017-18 task force on police use of force • I-940 – initiative to Legislature filed at start of 2018 session • HB 3003 effective contingent on passage of I-940 and after 90-day referendum period • Legal challenge • Creates a new good faith standard for police use of force • Requires additional law enforcement training on de-escalation and mental health • Requires law enforcement to provide or facilitate first aid to inj ured persons at a scene controlled by law enforcement, at the earliest safe opportunity HB 1783 – Legal financial obligations – passed • Changes how legal financial obligations (LFOs) are imposed on convicted defendants. • Eliminates interest accrual on the non-restitution portion of LFOs and revises standards for reduction or waiver of interest. • Limits sanctions to willful failure to pay LFOs; not willful if the offender is indigent, homeless, or mentally ill. • Grant funding provided in budget to address court impacts
Recommend
More recommend
