The Office of Financial Management (OFM) today posted on its website an inventory of state agency fees. The 2008 Fee Inventory is in response to a budget proviso passed by lawmakers in the 2008 supplemental budget. According to OFM:
Chapter 329, Section 127(15), Laws of 2008 requires that the Office of Financial Management “conduct a review and analysis of all fees for which the legislature has delegated to state agencies and institutions of higher education the ability to establish and determine the amount, either upon initial establishment or subsequent increases.”
The 2008 Fee Inventory includes only charges that meet the definition of a fee; it does not include charges such as penalties that are not fees for purposes of Chapter 43.135.055 Revised Code of Washington. Both fees set in statute and those set administratively by agencies are included.
The inventory also includes information about programs that these fees support. “Program” was defined by each agency in the most meaningful way for their information. Program may equate to activities used for budgeting purposes, as defined in the Activity Inventory; or, it may tie to program structure. Activity expenditures over the past five years are estimates since accounting for actual expenditures is only by program structure.
One of the features of the OFM Fee Inventory is a description for each fee of who benefits from the program supported. Having reviewed each agency's report, my favorite response to this question is for several fees under the control of the Department of Ecology.
Ecology's answers ranged from: "All Washington Citizens" to "Public" to "Breathing Public."
It sounds like members of the King County Council are on the verge of taking the County out of the animal shelter business and turning these duties over to The Humane Society. According to articles today in the Seattle PI and Seattle Times:
"Today we are faced with the disturbing reality that progress has not been achieved," said Council Chairwoman Julia Patterson. "Enough is enough. We are recommending that King County get out of the business of operating an animal shelter." - Seattle Times
Council Chairwoman Julia Patterson and Vice Chairmen Dow Constantine and Reagan Dunn called a news conference inside the King County Courthouse to promote a plan that would reduce the county's role in animal services by partnering with a private agency to handle shelter services. "It would mean not being in the sheltering business any more," Constantine said. - Seattle PI
"State lawmakers are fond of talking about openness and transparency in government, but generally come up short when it comes to taking positive legislative action.
This year was an exception when the House and Senate passed Senate Bill 6818, which requires the state to make available to the public detailed information about state spending. State officials have until Jan. 1, 2009, to assemble line-by-line state spending data and make it available to the public via a Web site.
It's a great step forward to a more open and transparent government. Now it's time for lawmakers to shift their focus to the revenue side and give the public the same kind of detailed information about the taxes they pay to support government programs . . .
For those who want to delve into the state budget and see how tax dollars are spent, the transparency law will be of great benefit. Residents can thank the Washington Policy Center, a nonpartisan, free-market, state-based think tank in Seattle, for pressing the measure into law.
Now the policy center is back with a second transparency proposal, this time on the revenue side . . .
If passed by the Legislature, the bill would set up an online database where users could find their state and local tax rates — such as property and sales taxes — by entering their zip code, street address or by clicking on a map showing individual taxing district boundaries. An online calculator would let citizens determine their total tax burden and also identify which officials are responsible for each part of the tax bill . . .
In January, legislators once again will be tested on their commitment to openness and transparency — this time on the taxation side. They can pass the test only by passing the taxation transparency measure."
The Seattle PI has also endorsed our proposal for more tax transparency.
The State Auditor's Office today released a performance audit of the state's 10 largest school districts' administrative practices. According to SAO:
"If our recommendations for improved economy and efficiency are followed, school districts could achieve cost savings exceeding $54 million over five years. Of the 13 audit areas we identified, not all affect each district; in fact certain districts are commended for their work in some areas."
One of the areas reviewed was district financial management and cost analysis:
"For school districts to achieve the objectives of accountability and comparability, financial information must be both relevant and reliable for reasonably informed users. Financial reports must satisfy numerous and diverse needs or objectives, including short-term financial position and liquidity, budgetary and legal compliance, and issues that hav!
e a long-term focus such as capital budgeting and maintenance. Additionally, differences exist in the amount of detail that various users need . . .
Currently, Washington school districts do not have a complete and accurate financial picture of their programs or functions. This does not mean that costs associated with each program are not reviewed and carefully monitored throughout the year. Additionally, each district can point to aggressive steps they are taking to cut budgets and reduce costs in all areas. However, without accurate cost accounting for each project, it becomes increasingly difficult to assess and compare programs or departments and determine any areas that can afford budget cuts . . .
One of the important uses of accurate financial data is for comparability purposes. There are an infinite number of ways that financial data can be analyzed using historical data, industry data and 'what-if' scenarios. All cost analysis can be valuable, but in the government sector, especially in entities such as school districts that are subject to rigorous cost scrutiny, the ability to respond to the public and other groups as to why they operate under certain conditions or models is critical to public acceptance, which in Washington State is critical to funding approvals and other school district actions."
This past weekend I was in Baltimore at a national open government retreat working on recommendations for the next President on how to make the federal government more transparent and accountable.
Among the 70 individuals at the retreat were representatives from OMB Watch, National Security Archive, ACLU, Society of Professional Journalists, OpenTheGovernment.org, League of Women Voters and Reporter’s Committee for Freedom of the Press to name a few.
The federal bailout bill also was discussed at the retreat. There is serious concern about the level of secrecy being included in the draft bailout proposal. Here is a memo that was worked on at the conference that is circulating amongst open government groups. Here is the language of the bailout proposal.
Continuing our transparency efforts, last week I also participated on a panel on government transparency in Phoenix at the annual meeting of the State Policy Network, the national organization of state think-tanks. I announced WPC's recommendation for a tax transparency website that would provide an online searchable database of all tax rates in the state. The Seattle Post-Intelligencer endorsed our recommendation shortly after its release. Other SPN groups may now take our recommendation to their own states for their lawmakers to consider.
I’ll provide updates on both these efforts (Baltimore/Phoenix) as they develop.
In response to today's revenue forecast the Governor said she is "directing the Office of Financial Management to locate additional budget savings of $200 million, without affecting vital programs." Hopefully this effort will have more success than her August request that state agencies not sign personal service contracts unless they are an emergency.
Here are examples of some of the personal service contracts signed since the Governor issued this contract freeze:
CTED: $400,000 - "The purpose of this contract is to provide tourism and trade services to Washington in the nations of China, Japan & France."
Department of Archaeology and Historic Preservation: $149,714 - "Develop a feasibility study for a Washington State Maritime Heritage Area."
State Parks and Recreation Commission: $254,701 - "Additional work to address additional funding from the legislature for the Seminary design at Saint Edward State Park."
Turns out the projected revenue for next biennium is better than I reported this morning. I originally used the numbers from OFM's press release which showed $1.4 billion more in revenue for the 09-11 budget cycle than the current budget.
First the good news, the state is projected to have $1.4 billion more in revenue for the 09-11 budget cycle than the current budget. Now the bad news, the carry forward cost of the current budget leads to a projected budget deficit of more than $3 billion.
2007-09 forecasted revenue: $29.9 billion
2009-11 forecasted revenue: $31.3 billion
Projected revenue increase: $1.4 billion
So if the state will have $1.4 billion more in revenue but is facing a $3 billion budget deficit, is that a revenue problem or an overspending problem?
Yesterday we posted details on the Governor's statement that she's cut taxes by approximately $900 million since 2005. According to OFM, the table it provided did not account for tax increases, only tax cuts.
Here is the follow up detail OFM provided on the General Fund tax cuts.
Since the OFM information doesn't account for tax increases I reviewed the Legislative Budget notes for 2005-08. Here is the breakdown for the General Fund net tax cut or increase:
So has the Governor been a tax cutter or tax raiser? Short answer, yes but more tax revenue has been raised than returned to taxpayers (at least for the General Fund; discussion of workers' comp tax cuts/increases here).
Even though the Governor has yet to acknowledge the projected multi-billion dollar budget deficit (difference between growing revenues and even faster spending growth), key lawmakers are starting to signal a willingness to break the state's new rainy day piggy bank to help balance next year's budget. According to the News Tribune:
"The 2009 Washington Legislature probably will dip into the state’s emergency 'rainy day' savings account to balance the budget because, economically speaking, it’s raining.
Although the state has a budget surplus today, that amount is expected to shrink as Washington’s economy catches up to the rest of the nation and follows a downward economic spiral, due in large part to a sudden drop in home sales and a worsening crisis in the national financial markets.
'It’s pretty clear that things are not going to get better soon,' said state Sen. Margarita Prentice, D-Renton, chairwoman of the budget-writing Senate Ways and Means Committee. 'It looks as if we will (tap the rainy day fund). We can’t commit to a figure, but I think it’s pretty clear for now that everything has to be on the table.'"
Last week we highlighted an Olympian blog post that quotes Governor Gregoire on whether or not she's raised taxes. Among the statements made by the Governor:
"Did I raise your sales tax? No. Did I raise property taxes? No. In fact, I brought the Legislature in to cap the property tax with a special session last fall. Did I raise B&O tax? No. What’s the truth? The truth is we cut those taxes almost by $900 million since I came into office."
I asked the Office of Financial Management (OFM) for additional details on these tax cuts. OFM provided the following table in response (Dollars in Millions):
General Fund - State
Unemployment Insurance Trust Fund
Workers Compensation Trust Funds
Total Tax Cuts
WPC's Small Business Director Carl Gipson takes a closer look at the Workers' Compensation numbers in his blog post today.
In light of the $400 million in tax INCREASES during the 2005 Session, I'm following up with OFM to learn if its table accounts for these increases and for additional details on the General Fund tax cuts reported. I'll update this post once I have the answer.
The Olympian today has an interesting blog post quoting Governor Gregoire about whether or not she's raised taxes (excluding gas-taxes). Here is what the Governor said (in-part):
"Did I raise your sales tax? No. Did I raise property taxes? No. In fact, I brought the Legislature in to cap the property tax with a special session last fall. Did I raise B&O tax? No. What’s the truth? The truth is we cut those taxes almost by $900 million since I came into office. So the money that we used to do what we’ve done has been because our economy has been humming. And that’s why I’ve tried always to get new employers in here and to make sure we have the skilled work force, because when the economy hums, we can pay for education, we can pay for health care, we can pay for community safety. When the economy slumps, then we can’t." "So he [Rossi] then!
says, ‘she is going to raise taxes,’ Well I didn’t raise taxes to get out of the $2.2 billion deficit he gave me. On what basis does he say that? … (H)e wants you to be afraid. He wants you to be afraid. I just think this ought to be a straight-up election."
Based on this quote one is left to wonder just what the Governor believes qualifies as a tax increase. For example, in 2005, the Governor signed into law approximately $400 million in tax increases made possible by suspending the 2/3 vote requirement from I-601. The largest of these tax increases were:
Cigarettes – $175 million
Death-tax – $139 million
Liquor – $47 million
Extended warranties for product repairs or replacements – $37 million
. . . I'd put money on the State Supreme Court dismissing Senator Lisa Brown's tax lawsuit on procedural grounds. At today's Court hearing on the constitutionality of I-601, the Justices spent most of their time questioning whether the way Brown filed her lawsuit is something they can rule on. In particular, Justice Barbara Madsen expressed concern with the Senator's attempt to have the Court inject itself in the legislative process of passing a bill.
If the Court does ultimately pass on deciding the constitutionality of a 2/3 vote requirement for tax increases, the clearest way to resolve this issue once and for all is for the Legislature to put on the ballot a constitutional amendment and allow the voters to decide.
While reviewing state personal service contracts back in July, a $50,000 lobbying contract for the University of Washington (UW) caught my attention. Unfortunately, the information listed on the Office of Financial Management's website didn't disclose what the lobbying was for so I asked the UW for a copy of the contract. Nearly two months from my first request, I finally received a copy of the contract today.
Turns out the $50,000 contract is for a consultant "to provide legislative drafting and fiscal analysis related to the 2008 request for state financial assistance to remodel Husky stadium." The contract was originally to expire March 31, 2008, but its terms have been extended until June 30, 2009.
The contract further notes the "consultant will be paid $175 per hour for his services, and receive reimbursement for associated reasonable expenses, including travel costs."
On September 9, 2008, the State Supreme Court will consider Senate Majority Leader Lisa Brown's lawsuit seeking to have the 2/3 vote requirement for tax increases ruled unconstitutional to make it easier for state officials to raise taxes.
Last week I asked spokespeople for both Governor Gregoire and Senator Rossi if they support a 2/3 vote requirement for tax increases and if yes, would they support placing them in the Constitution like was done with the rainy day reserve from I-601.
Here are the official responses:
Gregoire* - “I think it’s a moot issue because I think it [tax increases] ought to go to a vote of the people.”
Rossi spokesperson - "Dino believes in upholding the will of the people and does support I-601’s 2/3 vote requirement. He would be supportive of a constitutional amendment to require a 2/3 vote for tax increases."
Based on these responses, it appears that both Governor Gregoire and Senator Rossi support WPC's recommendation to amend the Constitution to require either a 2/3 vote of the legislature or voter approval for tax increases.
*These comments were made on 8/27 during a KIRO 710 radio interview. On 8/29 a spokesperson for Gregoire said to refer to this interview in response to my question for an official position.
"After much thought and in light of our nation's economic struggles, I have decided the cost of living raise, which you were scheduled to receive on September 1, 2008, is not appropriate at this time. My decision affects all agency directors under my control in addition to the Senior Staff of the Governor's Office . . . I take this step because I believe you and I should make a clear statement to the people of Washington: we understand that many families are not rece!
iving pay raises while coping with high food and fuel prices, and other financial challenges."
So what "statement" are Bellevue teachers sending taxpayers and students by breaking the law?
Jason Mercier is Director of the Center for Government Reform at Washington Policy Center and is based in the Tri-Cities. He serves on the boards of the Washington Coalition for Open Government and CandidateVerification, and was an advisor to the 2002 Washington State Tax Structure Committee. Jason is an ex-officio for the Tri-City Regional Chamber of Commerce. In June 2010, former Governor Gregoire appointed Jason as WPC’s representative on her Fiscal Responsibility and Reform Panel.