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HomeMy WebLinkAboutReg 2007-01-02 Item 5B - Council - 2007 Legislative Priorities COUNCIL AGENDA SvNoPsIs p Initials ITEM NO. 1 0 M Date 1 P by 1 MaYors Ic .m o 01/02/07 I Diane 1 „A.,/..,e‘ 1 1 1 I 1 /90B 1 1 I• 1 1 ITEM INFORMATION CAS NUMBER: 07-002 'ORIGINAL AGENDA DATE: 1/02/07 AGENDA ITEM TITLE Discussion and approval of 2007 Legislative Priorities CATEGORY Disaasion Maim Resolution Odin nce BidA'wird Public Hearing Other MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate SPONSOR 11 Council Mayor AdmSza DCD Finance Fire Legal P& R Police PW SPONSOR'S The 2007 Legislative Session is scheduled to be open on January 8, 2007. It would be SUMMARY appropriate for Council to approve a list of legislative items. Therefore, when items come up during the session, letters of support can be drafted and /or the Council's position shared. REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities C.mre Arts Comm. Parks Comm. Planning Comm. DATE: RE COMME NDATIONS: SPONSOR/ADMIN. Dennis Robertson, President COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE I RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 1/2/07 2007 State Legislative Priorities 2007 State Legislative Priorities Background Information I MEMORANDUM December 28, 2006 TO: Members, Tukwila City Council FR: Dennis Robertson, President RE: 2007 Legislative Priorities Issue Develop a list of legislative Priorities for the 2007 legislative session. Background Information Attached is a list of priorities which the council may choose to approve for this 2007 legislative session. These priorities have been compiled from numerous sources: council members, Association of Washington Cities, Suburban Cities' Association, staff, Jamie Durkan, past legislative lists, etc. Originally, these legislative priorities were to be discussed at the Community Affairs and Parks Committee and the Finance Safety committees. Due to the snow storm at the end of November, CAP meeting was cancelled. The 60 Legislative Session will be gaveled into session on January 8. Since there are not many items on the January 2 council agenda, it was felt it would be appropriate to discuss these legislative priorities at Monday's meeting. If desired, the list can be prioritized into two categories: top priorities and important issues. Once the list is approved, direction can be provided on the Council's positions to staff and the legislature as items are discussed throughout the legislative session. Recommendation Approve the attached list of 2007 legislative priorities. 1 City of Tukwila 2007 State Legislative Priorities Table of Contents Energy Telecommunications Statewide Franchise Agreements 1 Municipal Phase II Stormwater Permit 1 General Local Government Public Disclosure of Parks Department Registration Information 1 Six Year Collective Bargaining 1 Scrap Metal Theft 1 Land Use Housing Best Available Science 1 Housing Affordability 1 Local Authority 1 Homelessness 2 Housing Trust Fund 2 Manufactured Housing Communities 2 Condominium Conversions 2 Gambling 2 Law Justice Limiting Liability for Local Government 2 Mitigating Medical Costs for Offenders 2 Funding for Court Interpreters 2 Liability for Fire Department Standards 2 Municipal Courts 2 Requiring All Judges to be Elected 2 Municipal Finance Economic Development Streamlined Sales Tax 3 Local Infrastructure Finance Tool (LIFT) Legislation 3 Initiative 747 Regarding Property Tax Caps 3 Multi- family property tax exemption 3 Hotel /Motel tax 3 Fees Criminal Background Checks 3 PERS 1 3 LEOFF 1 Medical and Long -Term Care Costs 3 Public Health Financing 3 Small Business Development Centers 3 City of Tukwila 2007 State Legislative Priorities Table of Contents Transportation Infrastructure Expand Alternative Public Works Legislation 4 Grant and Loan Programs 4 Reject All Bids Legislation 4 SR509 4 State Funding for Improvements at Fort Dent Park 4 Parks Recreation Washington Wildlife and Recreation Program (WWRP) 4 Mole Trapping 4 Recreational Land Use Immunity 4 Education Issues WASL 4 Washington Learns 4 II. City of Tukwila 2007 State Legislative Priorities (Council might prioritize the final list under two headings: Top Priorities and Important Issues) Energy Telecommunications Statewide Franchise Agreements Tukwila opposes statewide franchise agreements for telecommunications or pre- emption of local authority for managing local public rights of way, taxing authority, and the ability to provide telecommunication services. Environment Water Municipal Phase II Stormwater Permit Tukwila supports funding assistance to help implement the permit (education, staffing, and capital needs) and relief from conditions imposed on already developed property that would hinder redevelopment. Tukwila opposes new conditions that exceed Federal minimum standards. General Local Government Public Disclosure of Parks Department Registration Information Tukwila supports legislation to exempt personal information of children participating in city parks and recreation programs from public disclosure. Six Year Collective Bargaining Tukwila supports legislation to allow local governments and their unions to agree to contract terms of up to six years. Scrap Metal Theft Tukwila supports adding metal, metal junk, or metal property into the statutes governing transactions by second -hand dealers and pawnbrokers when it comes to purchasing metal property. Land Use Housing Tukwila supports affordable housing that helps those in need and supports funding for housing that leverages other funds. Best Available Science Tukwila supports legislation clarifying how to find, consider, and apply Best Available Science (BAS). Housing Affordability Tukwila supports the recommendations of the Governor's Task Force on Affordable Housing especially as it addresses housing affordability through infrastructure funding and new fiscal incentives. Local Authority Tukwila opposes new mandates or pre emptive zoning legislation and the elimination of impact fee authorities unless replaced with something that provides equal or more revenue. 2007 State Legislative Priorities 2 City of Tukwila Land Use Housing {continued) Homelessness Tukwila supports increased funding for programs and services that address homeless prevention and stabilization. Housing Trust Fund Tukwila supports increasing the Housing Trust Fund. Manufactured Housing Communities Tukwila supports fund relocation assistance and the preservation of manufactured housing communities. Condominium Conversions Tukwila supports improving tenant protections when apartment buildings are converted to condominiums. Gambling Tukwila supports legislation that provides cities the ability to zone or partially ban gambling facilities, including "grandfathering," and preserves cities' ability to fully ban gambling. Law Justice Limiting Liability for Local Government Tukwila supports legislation to limit local government liability, including codifying the public duty doctrine, establishing a standard of gross negligence for supervision of offenders, making seatbelt use admissible in a civil action, and providing immunity for volunteer emergency workers. Mitigating Medical Costs for Offenders Tukwila supports legislation to expand the uses of the extraordinary criminal justice account to include extraordinary medical costs for offenders. Funding for Court Interpreters Tukwila supports state assistance for the costs of providing interpreters for court services, with the creation of a registration for non certified languages. Liability for Fire Department Standards Tukwila supports legislation which provides immunity for fire departments which might arise as a result of recently enacted requirements to establish fire fighter response time goals, to document how often those goals are met, and to indicate the predictable consequence of not meeting the goals. Municipal Courts Tukwila supports increased funding and support for the Municipal Court systems. It also opposes any legislation that threatens or adversely impacts the cities' abilities to operate the municipal court system. Requiring All Judges to be Elected Tukwila opposes any legislation requiring all municipal court judges, regardless of the number of hours they work, to be elected. 2007 State Legislative Priorities 3 City of Tukwila Municipal Finance Economic Development Tukwila supports measures that provide broad local control, significant flexibility, and sufficient revenues to provide needed services. Streamlined Sales Tax Tukwila supports adoption of the agreement by the State with full mitigation to local governments negatively impacted by implementation of destination -based sourcing. Local Infrastructure Finance Tool (LIFT) Legislation Tukwila seeks legislation that expands the use of tax increment financing and creates greater flexibility for the city portion of the match. Initiative 747 Regarding Property Tax Caps Tukwila supports legislation that establishes a cap tied to the Implicit Price Deflator (IPD). The IPD has ranged from 1.2% 3.4% during the last five years. Multi family property tax exemption Tukwila supports legislation that would expand to cities over 5,000 population the property tax exemptions for multi family housing in urban downtown areas. Hotel /Motel tax Tukwila supports flexibility in the uses to which this tax may be applied. It also supports extension in King County of the Lodging Taxes for Culture after 2020. Fees Criminal Background Checks Tukwila supports an exemption for municipalities from the WSP fees for criminal background checks on volunteers and employees. PERS 1 Tukwila supports repealing the gain- sharing benefit after one additional gain- sharing disbursement. Tukwila does not support any new benefits until the current benefits are fully funded. LEOFF 1 Medical and Long -Term Care Costs Tukwila requests assistance from the State Actuary to determine its future liability for LEOFF 1 retiree medical and long -term care costs and seeks legislation that provides financial assistance to pay for these liabilities Public Health Financing Tukwila supports legislation that increases funds to local health jurisdictions, while at the same time, working to ensure cities are not mandated to fund local health jurisdictions. Tukwila supports increased funding for mental health and substance abuse treatment. Small Business Development Centers Tukwila supports state funding for Small Business Development Centers. 2007 State Legislative Priorities 4 City of Tukwila Transportation Infrastructure Expand Alternative Public Works Legislation Tukwila supports legislation to expand alternative public works legislation, especially Design -Build and General Contractor- Construction Manager (GC -CM) methods, to include all cities. Grant and Loan Programs Tukwila supports increased funding for infrastructure and economic development programs such as CERB and the Job Development Fund. Tukwila opposes additional Diversions from the Public Works Trust Fund (PWTF). Reject All Bids Legislation Tukwila opposes any legislation that erodes our ability to reject all contracting bids. SR509 Tukwila supports extension and completion of SR -509. State Funding for Improvements at Fort Dent Park Tukwila requests the State provide matching dollars for sewer line improvements at Fort Dent Park. Parks Recreation Washington Wildlife and Recreation Program (WWRP) Tukwila supports increasing the funding for WWRP. Mole Trapping Tukwila supports legislation to allow limited trapping of moles to protect public property. Recreational Land Use Immunity Tukwila opposes any changes that would threaten or diminish the immunity of land owners who open their properties to the public for outdoor recreation without charging a fee. Education Issues WASL Tukwila supports additional flexibility, including alternative assessments, and funding to enable more students to successfully pass the WASL. Washington Learns Tukwila supports the recommendations from Washington Learns and applauds the Governor and Committee for making a good start on addressing important education issues. City of Tukwila 2007 State Legislative Priorities Background Information Table of Contents Energy Telecommunications Statewide Franchise Agreements 1 Municipal Phase II Stormwater Permit 1 General Local Government Public Disclosure of Parks Department Registration Information 2 Six Year Collective Bargaining 2 Scrap Metal Theft 3 Land Use Housing Best Available Science 3 Housing Affordability 4 Local Authority 4 Homelessness 5 Housing Trust Fund 5 Manufactured Housing Communities 5 Condominium Conversions 5 Gambling 5 Law Justice Limiting Liability for Local Government 6 Mitigating Medical Costs for Offenders 7 Funding for Court Interpreters 7 Liability for Fire Department Standards 7 Municipal Courts 8 Requiring All Judges to be Elected 8 Municipal Finance Economic Development Streamlined Sales Tax 8 Local Infrastructure Finance Tool (LIFT) Legislation 8 Initiative 747 Regarding Property Tax Caps 9 Multi- family property tax exemption 9 Hotel /Motel tax 9 Fees Criminal Background Checks 10 PERS 1 10 LEOFF 1 Medical and Long -Term Care Costs 10 Public Health Financing 11 Small Business Development Centers 11 City of Tukwila 2007 State Legislative Priorities Background Information Table of Contents Transportation Infrastructure Expand Alternative Public Works Legislation 12 Grant and Loan Programs 12 Reject All Bids Legislation 13 SR509 13 State Funding for Improvements at Fort Dent Park 13 Parks Recreation Washington Wildlife and Recreation Program (WWRP) 14 Mole Trapping 14 Recreational Land Use Immunity 14 Education Issues WASL 14 Washington Learns 15 II. City of Tukwila 2007 State Legislative Priorities Background Information Background information taken from various sources in order to provide City Council with a better understanding of the issues. Energy Telecommunications Statewide Franchise Agreements Tukwila opposes statewide franchise agreements for telecommunications or pre emption of local authority for managing local public rights of way, taxing authority, and the ability to provide telecommunication services. If a bill is introduced in the legislature, it might require that all local governments use the same format for franchise agreements of telecommunications companies. By invalidating individually negotiated franchises, many issues such as build -out requirements or redlining prohibition, PEG channel agreements, or consumer protection measures may be affected or eliminated. The issue has been debated in Congress over the past year but nothing has passed. This is a defensive issue that AWC will seek to defeat. Environment Water Municipal Phase 1I Stormwater Permit Tukwila supports funding assistance to help implement the permit (education, staffing and capital needs) and relief from conditions imposed on already developed property that would hinder redevelopment. Tukwila opposes new conditions that exceed Federal minimum standards. Backaround: The NPDES Phase II permit required under the Federal Clean Water Act is poised to be issued by the Department of Ecology on December 6, 2006 almost 5 years after permit development began. It's costly and contentious and contains requirements and conditions in excess of those stipulated by the Federal Clean Water Act. If not already in place, cities will have to establish local stormwater utilities, hire staff, conduct public education and have expanded capital programs to manage flows. Approximately 100 cities on both sides of the state will be impacted (those above 1,000 people /square mile, over a total population of 1,000, and not including Seattle and Tacoma, which are Phase I cities and are already under a permit). Political Situation: This permit is required by Federal law. The Legislature hasn't gotten involved in municipal stormwater issues because the Department of Ecology (DOE) has the statutory responsibility of implementing requirements of the Federal Clean Water Act. DOE has decided to add conditions in addition to those required under Federal Law. This includes permits for western and eastern Washington cities, and reporting requirements and water quality and runoff volume standards on currently developed property that undergoes redevelopment. AWC has long stated that cities are /should be prepared to implement the permits based upon Federal minimum standards. However, AWC has been on record repeatedly that state implemented permit conditions beyond Federal minimum standards should also receive legislative review in order to provide funding for the new mandates and /or provide new direction on redefining the 2007 State Legislative Priorities 2 Background Information permit requirements. Identified impacts to cities include: potential impacts to proposed redevelopments, local monitoring costs, and increased administrative costs. We asked DOE to delay adoption of the permit, including its implementation, for a few months to allow this dialogue with the Legislature. DOE, which is under tremendous pressure by the environmental community to issue the permit, has denied our request to delay adoption of the permit, but has instead agreed to delay implementation until after the 2007 session. They will also help us advocate for some state funding. Rep. Linville (Chair of the House Economic Development and Environment Committee) has agreed to hold hearings on the permit and our issues. Subcommittee Recommendation: AWC will: Continue negotiating with DOE and the Governor's office on the need for funding assistance to help cities implement the permit (education, staffing and capital needs), and pursue relief from conditions imposed on already- developed property that would hinder redevelopment. Oppose new conditions that exceed Federal minimum standards, advocate for funding assistance, and consider legal /legislative remedies. General Local Government Public Disclosure of Parks Department Registration Information Tukwila supports legislation to exempt personal information of children participating in city parks and recreation programs from public disclosure. Background: Personal information is routinely collected as part of the registration process for parks and recreation programs and is not exempt from disclosure. The personal information, if released in public disclosure, would include e -mail addresses (especially for those who register online), date of birth and addresses of children in particular, and phone numbers. The subcommittee is interested in working with the City of Bellevue to pursue a change to the public disclosure act to provide an exemption for personal information of customers of public recreation providers, in particular, personal information of children. Subcommittee Recommendation: AWC will pursue legislation to exempt personal information of children participating in city parks and recreation programs from public disclosure. Six Year Collective Bargaining Tukwila supports legislation to allow local governments and their unions to agree to contract terms of up to six years. AWC supported legislation introduced last session that would have allowed local governments and their unions to agree to contract terms of up to six years. State law currently limits the terms of collective bargaining agreements to a maximum of three years. This change would allow for more flexibility in negotiating agreements. The legislation did not pass last session and we expect it to be reintroduced in 2007. 2007 State Legislative Priorities 3 Background information Scrap Metal Theft Tukwila supports adding metal, metal junk or metal property into the statutes governing transactions by second -hand dealers and pawnbrokers when it comes to purchasing metal property. The market price for metals such as copper, aluminum and steel has risen dramatically recently, thus making the value of scrap metal much more attractive to thieves, especially in areas of high methamphetamine use. To address the problem, a draft bill is being written that would add metal, metal junk or metal property into the statutes governing transactions by second -hand dealers and pawnbrokers when it comes to purchasing metal property. The revised statute would require second -hand dealers and pawnbrokers to take identification such as driver's license information, vehicle numbers and cell phone numbers, and would require the seller to sign a declaration stating that the property is not stolen. Land Use Housing Tukwila supports affordable housing that helps those in need and supports funding for housing that leverages other funds. Best Available Science Tukwila supports legislation clarifying how to find, consider and apply Best Available Science (BAS). Background: For the past few years, AWC has unsuccessfully advocated legislative "fixes" to portions of the Growth Management Act (GMA) that require cities and counties to identify and protect environmentally sensitive areas using the Best Available Science (BAS). Proponents of the just- failed 1 -933 joined in our previous efforts. Frustrated with the failure to pass clarifying legislation, they got 1 -933 on the ballot a measure cities didn't support because it included many features other than "fixes" to the issues surrounding how local governments find, consider and apply BAS. Political Situation: Following a bitter campaign and the resounding defeat of 1 -933 at the polls, it may at first be difficult to gather interest among diverse groups to again try to develop and pass legislative fixes for BAS albeit a narrower set of issues than were included in 1 -933. During the 1 -933 campaign, opponents did say fixes to the GMA system may be needed, but those in -933 weren't the right ones. Neither the Governor nor majority democrat legislative leaders appear ready to take a lead on finding solutions (other than a yet -to -be unveiled Governor's initiative on support for working lands in rural areas) but neither have they discouraged AWC or others from trying. Futurewise, the environmental community's "lead" on GMA issues, approached AWC (both before and again after the election) and has asked to meet to discuss possible "fix" ideas an encouraging signal. Counties aren't sure whether or not they'll advocate for BAS "fixes" until they know whether or not the State Supreme Court issues much anticipated rulings on two BAS cases that could solve some or all of the "find, consider and apply" BAS issues. Finally, the business community (which largely stayed neutral in the 1 -933 campaign) has indicated interest to AWC in working on fixes to BAS. 2007 State Legislative Priorities 4 Background Information Subcommittee Recommendation: AWC will: Engage in a dialogue with as many key interests as possible before and during the 2007 session to evaluate their interest and the scope of issues they'd like to see addressed that would bring better balance to our land use and environmental protection system. Prepare and consider taking the lead on legislation clarifying how to find, consider and apply BAS. Be prepared to consider ideas on how to support proposals coming from the Governor on how to maintain and sustain working lands outside of cities and urban growth areas. Housing Affordability Tukwila supports the recommendations of the Governor's Task Force on Affordable Housing especially as it addresses housing affordability through infrastructure funding and new fiscal incentives. Background: For the past several years, housing values and prices have been rising throughout the state in some places faster than in others. Officials at the local and state level share an interest and concern about what actions can be taken by public entities to reduce these increases. Groups like the Realtors and the homebuilders' associations have at different times advanced legislation that would mandate cities and counties allow things like smaller lots, oddly shaped ones for "infill," and accessory dwelling units everywhere. They've at times tried to eliminate impact fees on housing or restrict how they're collected. AWC has successfully blocked such mandates. Political Situation: Frustrated by the failure to pass pre emptive zoning legislation, the Realtors asked for creation of a Governor's Task Force on Affordable Housing and aggressively asked members, of which AWC was one, to support several new mandates on cities and counties. The Task Force met over the late summer and early fall and didn't conclude such mandates were now warranted. A consensus set of recommendations focused on incentives, infrastructure funding and more study of housing issues was presented to the Governor. She has indicated she will initiate legislation on housing we're not clear on what. Legislators especially House democrats share an interest in finding ways to support more housing affordability Subcommittee Recommendation: AWC will: Support legislation and /or budget ideas that address housing affordability through infrastructure funding and new fiscal incentives; Oppose new mandates or pre emptive zoning legislation; Oppose elimination of impact fee authorities unless replaced with something the provides equal or more revenue. Local Authority Tukwila opposes new mandates or pre emptive zoning legislation and the elimination of impact fee authorities unless replaced with something that provides equal or more revenue. 2007 State Legislative Priorities 5 Background Information Homelessness Tukwila supports increased funding for programs and services that address homeless prevention and stabilization. Support of recommendations by King County JRC 1. Increase the Housing Trust Fund 2. Increase funding for THOR (homeless prevention for families) 3. Provide homeless prevention /stabilization services for individuals being discharged from state prisons 4. Provide support/homeless prevention services for youth aging out of the foster care system 5. Increase King County's State Medicaid allocation to reflect the actual need for and cost of mental health treatment 6. Increase funds available to provide substance abuse treatment for non Medicaid eligible individuals 7. Fund relocation assistance and help preserve manufactured housing communities 8. Impose limits on the payday lending industry 9. Improve tenant protections when apartment buildings are converted to condominiums Housing Trust Fund Tukwila supports increasing the Housing Trust Fund. Manufactured Housing Communities Tukwila supports fund relocation assistance and the preservation of manufactured housing communities. Condominium Conversions Tukwila supports improving tenant protections when apartment buildings are converted to condominiums. Gambling Tukwila supports legislation that provides cities the ability to zone or partially ban gambling facilities, including "grandfathering," and preserves cities' ability to fully ban gambling. Background: Cities may currently ban or allow gambling establishments within their boundaries, but can't zone or limit (except completely ban) the number of gaming establishments. We anticipate and would support consideration of ideas to allow some limitations other than a complete ban. Political Situation: The House and Senate Labor and Commerce Committees have been meeting on this and other gambling- related issues throughout the interim. It is expected that they will advance a bill on gambling /land use issues in 2007. AWC has been an active participant in the bill negotiations with the Legislature, Gambling Commission and Recreational Gaming Association. It appears we are gathering support for additional city authority regarding the siting of these facilities. 2007 State Legislative Priorities 6 Background Information Law Justice Limiting Liability for Local Government Tukwila supports legislation to limit local government liability, including codifying the public duty doctrine, establishing a standard of gross negligence for supervision of offenders, making seatbelt use admissible in a civil action, providing immunity for volunteer emergency workers. Background: For the past several years AWC has made legislation to reduce local government liability a top priority. Recent court decisions have reinforced the need for the legislature to provide statutory direction rather than leaving it to the individual facts of cases moving through the courts. Currently, local governments can be sued for incidents that happen while performing their public duty. These are often inherently risky services that are not and will not be performed by any other entity. Examples of these activities include those that improve community safety such as jail, offender supervision, law enforcement, and fire services. These risks often involve the actions of third parties over which government has little or no authority or ability to control. Political Situation: Key legislators and the Governor have indicated their desire to create more alternatives to incarceration rather than continue to spend money building more jail and prison capacity. When alternatives are sought, liability for supervision is increased. However, both chambers have increased their democratic majorities, so this may make passage of meaningful tort reform more difficult. Subcommittee Recommendation: AWC will seek passage of legislation to limit local government liability, including: Codifying the public duty doctrine; Establishing a standard of gross negligence for supervision of offenders, with an evidentiary standard of clear, cogent, and convincing; Making seatbelt use admissible in a civil action; Providing immunity for volunteer emergency workers. 2007 State Legislative Priorities 7 Background Information Mitigating Medical Costs for Offenders Tukwila supports legislation to expand the uses of the extraordinary criminal justice account to include extraordinary medical costs for offenders. Background: Cities expend significant resources providing medical care to offenders while they are held in jail. In the past, cities only paid pretrial costs for misdemeanant offenders, many of whom were released pending trial. Now, many cities are expected to cover the costs of all suspects arrested by city police officers, including felony suspects. Because felony suspects are generally considered more of a threat, fewer may be released prior to trial resulting in cities paying more for medical costs for offenders. Political Situation: Though the State is expecting a significant surplus due to rising retail sales tax revenues, that trend is expected to level off in the 2009 -11 biennium. Because of that, legislators are being cautioned not to increase spending. While many legislators are sympathetic to cities' fiscal situation, they are not expected to approve a cost shift like this proposal represents. Subcommittee Recommendation: AWC will seek passage of legislation to expand the uses of the extraordinary criminal justice account to include extraordinary medical costs for offenders. Funding for Court Interpreters Tukwila supports state assistance for the costs of providing interpreters for court services, with the creation of a registration for non certified languages. The Board for Judicial Administration is considering a proposal that would require the state to share the costs of providing interpreters for court services, while creating a registration for non certified languages. There is currently no state funding for cities and counties to help defray the costs of providing interpreter services to plaintiffs during court proceedings. Liability for Fire Department Standards Tukwila supports legislation which provides immunity for fire departments which might arise as a result of recently enacted requirements to establish fire fighter response time goals, to document how often those goals are met, and to indicate the predictable consequence of not meeting the goals. In the 2005 session, the Legislature passed a bill requiring cities to establish fire fighter response time goals, including very specific directions for time categories, to document how often those goals are met, and to indicate the predictable consequence of not meeting the goals. There is a concern that if a fire department failed to respond to a call within the time frame established as a goal, it could be found liable for a citizen's injuries. There are two possible solutions to this problem clarification of the RCW to grant immunity or passage of legislation similar to HB 2881 (introduced in 2004). 2007 State Legislative Priorities 8 Background Information Municipal Courts Tukwila supports increased funding and support for the Municipal Court systems. It also opposes any legislation that threatens or adversely impacts the cities' abilities to operate the municipal court system. Requiring All Judges to be Elected Tukwila opposes any legislation requiring all municipal court judges, regardless of the number of hours they work, to be elected. The Board for Judicial Administration has indicated they will again seek to require all municipal court judges, regardless of the number of hours they work, to be elected. AWC has opposed this issue for the past many years. Municipal Finance Economic Development Tukwila supports measures that provide broad local control, significant flexibility, and sufficient revenues to provide needed services. Streamlined Sales Tax Tukwila supports adoption of the agreement by the State with full mitigation to those local governments negatively impacted by implementation of destination -based sourcing. Backaround: AWC continues to support adoption of the agreement by the State and full mitigation to those local governments negatively impacted by implementation of destination -based sourcing. Adoption of the agreement would bring new revenue to the State from businesses that voluntarily collect the sales tax on remote sales. Political Situation: It appears the Governor and Legislative leadership has agreed to advance the SST bill with full mitigation in 2007. Our hope is to advance the bill early in the session. Local Infrastructure Finance Tool (LIFT) Legislation Tukwila seeks legislation that expands the use of tax increment financing and creates greater flexibility for the city portion of the match. Backaround: Previously known as Tax Increment Financing, cities received limited "LIFT" authority in the 2006 session. The authority was granted to three cities and provided for three at -large uses of this authority. Our membership has requested both expansion of and technical corrections to this authority. Political Situation: The Senate has long been a supporter of this authority, and the Governor has been very public in supporting LIFT. The House democratic leadership has historically been cool to authorization or expansion. However, Representatives Linville and Ericks have indicated strong support for introducing LIFT legislation that is responsive to our needs. Both of these legislators were instrumental in passage of the LIFT legislation and Job Development Fund legislation. 2007 State Legislative Priorities 9 Background Information initiative 747 Regarding Property Tax Caps Tukwila supports legislation that establishes a cap tied to the Implicit Price Deflator (IPD). The IPD has ranged from 1.2% 3.4% during the last five years. Background: Initiative 747 became effective on December 6, 2001, applying to property taxes due in 2002. The initiative replaced previous limits on the growth rate for state and local taxing district levy revenues, with a limit of 1% or the rate of the inflation if less than 1%. The rate of inflation is determined by the implicit price deflator (IPD) for personal consumption. 1 -747 was ruled unconstitutional by a King County Superior Court in June of 2006. The Attorney General's request for a "stay" until the Supreme Court addresses the issue was granted on August 18, 2006. Political Situation: It is likely the Supreme Court will not have a decision in the 1 -747 case until spring of 2007. Therefore, the Legislature will have an opportunity to address the issue if they so choose. AWC has met with legislators, other public agencies and public employees including fire and police to determine the interest in legislation on this issue. Other groups are interested in an increase to the current cap; however, a "leader" for this issue has not yet emerged. Many are looking to the cities and counties to take the lead. Further, the Governor's office has indicated uneasiness with the issue given citizen feedback during her town hall meetings. Multi- family property tax exemption Tukwila supports legislation that would expand to cities over 5,000 population the property tax exemptions for multi family housing in urban downtown areas. Multi family property tax exemption Currently, authority to use this exemption is limited to cities over 30,000 population and the largest cities in GMA planning counties. This exemption has been identified as a major tool for economic development in downtown revitalization projects and we would like to expand it to all cities. Hotel /Motet tax Tukwila supports flexibility in the uses to which this tax may be applied. It also supports extension in King County of the Lodging Taxes for Culture after 2020. The Lodging Tax for Culture will end in 2012. State law required that from 2001 -2012, 40% of the Lodging Tax for Culture be set aside in an endowment. The continuation of cultural funding after 2012 will be provided through interest earning from this endowment. Arts endowment will be reduced dramatically. Between 2013 and 2020 all lodging tax revenues are dedicated to service debt on Qwest Field. The next opportunity to extend the tax for cultural programs will be in the year 2020. The 4Culture Board has identified the extension of Lodging Taxes for Culture after 2020 as one of its highest priorities. 2007 State Legislative Priorities 10 Background Information Fees Criminal Background Checks Tukwila supports an exemption for municipalities from the WSP fees for criminal background checks on volunteers and employees. The WSP is expected to begin charging cities for background checks unless legislation passes in 2007 to give parks and recreation departments free access. PERS 1 Tukwila supports repealing the gain- sharing benefit after one additional gain- sharing disbursement. Tukwila does not support any new benefits until the current benefits are fully funded. Background: Gain- sharing is a mechanism that triggers benefit increases for members of plans 1 and 3 of the public employees' (PERS), teachers', and school employees' retirement systems when the pension fund experiences "extraordinary investment gains." Originally thought to have little or no impact on pension rates, it is now understood this benefit has a tremendous cost for employers with the local government share at more than $1.12 billion over the next 25 years. The 2007 Legislature will consider various options to address this liability, including repealing or suspending the benefit, pre funding it, making it discretionary, or replacing it with alternative benefits. Political Situation: It is still uncertain what action the 2007 Legislature might take to address the liability employers face due to the PERS gain sharing benefit. This is an extremely sensitive issue and legislators are waiting for the Governor to take a position in her budget, which will be released in December. Subcommittee Recommendation: AWC will seek passage of legislation that repeals the gain sharing benefit after one additional gain- sharing disbursement. In the event the Legislature does not repeal gain- sharing, AWC will seek alternatives that reduce the fiscal "hit" on cities. LEOFF 1 Medical and Long -Term Care Costs Tukwila requests assistance from the State Actuary to determine its future liability for LEOFF 1 retiree medical and long -term care costs and seeks legislation that provides financial assistance to pay for these liabilities Background: In addition to the significant liability cities face for medical and long -term care expenses for their LEOFF 1 retirees, most must soon begin to comply with new accounting standards requiring them to report this liability on their financial statements. Assistance is needed both to identify the liability of individual cities and to help pay for major medical and long -term care expenses. 2007 State Legislative Priorities 11 Background Information Political Situation: The State Actuary has budgeted some funds to assist small- and mid -size local governments in identifying LEOFF 1 liabilities in the budget request sent to the Governor. This allocation is strongly supported by the Select Committee on Pension Policy. There are no firm proposals regarding financial assistance for the liability. Legislation has been previously advanced, but not passed, which would have allocated excess pension assets for this purpose. That proposal has been aggressively opposed by retired LEOFF 1 members. Subcommittee Recommendation: AWC will try to (1) secure assistance from the State Actuary to help local governments determine their future liability for LEOFF 1 retiree medical and long- term care costs and (2) seek legislation that provides financial assistance for cities in paying for these liabilities Public Health Financing Tukwila supports legislation that increases funds to local health jurisdictions, while at the same time, working to ensure cities are not mandated to fund local health jurisdictions. Tukwila supports increased funding for mental health and substance abuse treatment. Backaround: The Joint Select Committee on Public Health Finance has met and made future funding recommendations for local public health jurisdictions (LHJ). The Committee has made a recommendation that in addition to the State's current funding commitment, the State provide an additional $50 million to fund specific core health services. The additional funds are intended to lessen the disparity between the 35 LHJs in the state. The revenue source for the additional state investment is recommended to come from the portion of the state cigarette tax currently deposited into the general fund. It is also recommended that LHJs maintain their current level of support and receive incentives to increase their support. Additional local taxing authority for LHJs was discussed, but the committee did not reach consensus on a specific proposal. Political Situation: Although the joint select committee had unanimous bi- partisan support for the proposed funding recommendations (with exception of additional local taxing authority), several committee members noted that it may be difficult for the Legislature to accept the committee's proposal due to the large amount of funds the committee is asking be pulled from the State General Fund and appropriated to local health jurisdictions. Small Business Development Centers Tukwila supports state funding for Small Business Development Centers. Background: Washington is one of only five states that provides no direct state funding to augment federal funds for small business development counseling and education. In coordination with Southwest King County Economic Development initiative SKCEDI), Tukwila supports the passage of the Governor's proposed budget for Washington State University which includes $50, 000 for the SBDC at Highline Community College that was started by SKCEDI and continues to receive funding from the SKCEDI Partners. 2007 State Legislative Priorities 12 Background information Subcommittee Recommendation: AWC will pursue legislation that increases funds to local health jurisdictions, while at the same time, working to ensure cities are not mandated to fund local health jurisdictions. Transportation Infrastructure Expand Alternative Public Works Legislation Tukwila supports legislation to expand alternative public works legislation, especially Design -Build and General Contractor Construction Manager (GC -CM) methods, to include all cities. Background: Currently, most cities use the traditional "Design -Bid- Build" method for public works projects. Cities over 70,000 in population can use Design -Build and General Contractor Construction Manager (GC -CM) methods for complex projects over $10 million. Typical projects have been city halls and sewer and water projects. AWC has supported providing this authority for all cities instead of the current, arbitrary thresholds. The authority is scheduled to sunset in the summer of 2007. Political Situation: A legislative process has been in place for one year to update and modify this authority; it appears that we will receive expanded authority to include all cities (and other public owners). Cities will likely be able to apply for certification to use this authority. If a city is not certified, it can go before a "review committee" to seek approval for individual projects. The current proposal is to authorize projects of any dollar amount under GC -CM, but a floor of $10 million is proposed for the Design -Build authority. Subcommittee Recommendation: AWC will seek to expand alternative public works legislation to include all cities. Grant and Loan Programs Tukwila supports increased funding for infrastructure and economic development programs such as CERB and the Job Development Fund. Tukwila opposes additional Diversions from the Public Works Trust Fund (PWTF). Background: Currently, nearly every grant and loan program that supports infrastructure and economic development is heavily underfunded. Typically, cities can expect only one dollar available for every two to ten dollars requested. 2007 State Legislative Priorities 13 Background Information Political Situation: The legislature has provided increases in some categories (i.e. building for the arts and community services facilities programs), but has not committed additional funds for other programs, including CERB and the Job Development Fund, or LIFT. There are additional requests for doubling the Washington Wildlife and Recreation Program to $100 million, and b increasing the Water System Acquisition and Rehabilitation Program WSARP by 15 million. As noted above, pursuing the bonding and leveraging of the State REET could significantly increase infrastructure funding. Subcommittee Recommendation: AWC will seek increased funding for infrastructure and economic development programs. In the 2005 -2007 biennium, over $70 million was redirected from the PWTF. Although the funds were directed for local government purposes (the Job Development Fund and funding for small communities), this was not a preferred choice for AWC. For the first time in the history of the PWTF, projects receiving a score below 90 (of 100) were not initially recommended for loan funding. The recommended position should be "More funding for infrastructure and economic development, not redirecting existing funds." Reject All Bids Legislation Tukwila opposes any legislation that erodes our ability to reject all contracting bids. For the last several years, legislation has been introduced that erodes our ability to reject all contracting bids. This year will be no exception. SR509 Tukwila supports extension and completion of SR -509. This project is designed and ready to construct. The SR -509 extension will benefit the Seattle Tacoma International Airport and the residents and businesses around the airport, including Tukwila. it will provide critical new capacity to relieve safety and congestion problems along the 1-5 corridor in South King County. State Funding for Improvements at Fort Dent Park Tukwila requests the State provide matching dollars for sewer line improvements at Fort Dent Park. Fort Dent Park provides local and regional outdoor and indoor sports programs for youth. These programs are a valuable tool for teaching youth skills while keeping them busy as well as providing positive reinforcement. The City of Tukwila requests $450, 000 to increase the sewer capacity at the Fort Dent Park to meet current demand and provide future expansion. 2007 State Legislative Priorities 14 Background Information Parks Recreation Washington Wildlife and Recreation Program (WWRP) Tukwila supports increasing the funding for WWRP. The WWRP received $150 million in applications. This included 70 city projects, with funding requests for local parks projects totaling $20 million. This is a grant program administered by the Interagency Committee for Outdoor Recreation (IAC). Tukwila has been successful in IAC money in the past with Cascade View Park, Duwamish Riverbend Hill and the Duwamish trail. Mole Trapping Tukwila supports legislation to allow limited trapping of moles to protect public property. Recreational Land Use Immunity Tukwila opposes any changes that would threaten or diminish the immunity of and owners who open their properties to the public for outdoor recreation without charging a fee. Education Issues WASL Tukwila supports additional flexibility, including alternative assessments, and funding to enable more students to successfully pass the WASL. Support of recommendations from Washington State School Director's Association (WSSDA) Alternative assessments for WASL testing {support the creation and implementation of additional valid and reliable alternative assessments that actively engage students and allow students with different learning styles and students not proficient in the English language to demonstrate proficiency in all subjects. Alternative assessments should be available to all high school students in all content areas in which students take the WASL...Such assessments shall satisfy the academic assessment requirements for graduation.] Povertv- Impacted Ares {support legislation that would provide additional direct state funding to schools located in areas of extreme poverty.} WASL Graduation Reauirements {Phase in the Certificate of Academic Achievement as the graduation requirement: the Reading and Writing portions of the WASL beginning with the graduating class of 2008; math beginning with the graduating class of 2011; and science beginning with the graduating class of 2014} 2007 State Legislative Priorities 15 Background Information Washington Learns Tukwila supports the recommendations from Washington Learns and applauds the Governor and Committee for making a good start on addressing some important education issues. Support recommendations from WASHINGTON LEARNS, a report issued by Governor Gregoire, a 10 year plan to reform education in Washington State interim report and recommendations for consideration by the 2006 legislature Investing in intensive, focused academic support for high school students who need extra help to meet the state's academic requirements in reading, writing and math, and providing additional resources for this purpose to schools with classroom teachers; and Reducing the high school drop out rate and helping students plan and prepare for college, work or post secondary job training Support legislation to support immigrant and low income families and children with health care, education, and other social issues {City and school district are facing adverse impacts and need assistance from State and US Government}