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Welcome to Policy Watch 2002

WEEK 6

Every POLICY WATCH has three parts. (1) Information: on contacting legislators, learning more about issues, etc. This section was up-front the first week; it has been moved to the end. (2) A description of what is happening week by week in Olympia. (3) Brief items about specific bills, arranged by category.

This bulletin focuses primarily on health, social welfare, and low-income issues. And while it attempts to give readers enough information to guide actions (calls, letters, visits), it will not take positions or urge a particular action. That is up to you.

Go to Part III Issues

WEEK SIX IN OLYMPIA

Week Seven begins with just 18 days remaining in the Session.

Week Seven: most of the action is back in the Policy Committees of both the House of Representatives & the Senate.
Close of Business on March 1 is the next cut-off date.

THE CONTEXT

The budget news is giving everyone gray hair and bags under their eyes. With three weeks left, the 2002 Session is already a killer session. Legislators met on the Floor until after 10:00 pm on Friday and Saturday of Week Five. Then they met part of Sunday, all day Monday (to some, a holiday), and did not stop til nearly 1:00 am on Tuesday. That day and the rest of the week they were back on the job from early every morning till late every evening. Whatever you want to say about our legislators, they are definitely not lazy.

Despite the long hours in Week Six, there is no let-up in sight. By the end of WEEK SEVEN, all surviving bills must be out of a Policy Committee in the Opposite House (that is, the house other than the one where they were first introduced).

Committee Action in the "Opposite House"
Three things make it possible to set another cut-off date so soon. First, so many bills failed to make it through their "house of origin," that the list of live bills to consider is often a relatively manageable four or five per day. Second, many of the people testifying this week are legislators from the "opposite house." They come across to their colleagues to explain first-hand any amendments to the bills, and to answer any questions from members of the other body. That helps to smooth the way, and saves everyone a lot of time. Third, many Committees already heard a "companion bill" very similar to the bills now coming before them. The topics, basic facts, and points of contention are all pretty well known this time around.

That doesn't mean there are no differences. Bills that breezed through a friendly House Committee can suddenly run into a buzz-storm in the Senate... or vice versa. Often there is a history: one body may have passed a similar bill several years in a row, only to have it die at the hands of the "opposite house." That can lead to hard feelings, and a tendency to resist any changes. Or, it can produce moments of real statesmanship.

That was evident one day during a recent House Committee Hearing. The bill being considered had passed the Senate more than once, only to be killed in the recently dead-locked House. So when one of the Senate sponsors came to testify, a few of those present were holding their breath. When she told the House Committee that she and her Senate colleagues were eager to work out their differences and did not care who got credit - so long as the bill passed - that was special.

If there is a bill you care about, check to see whether it survived, and if so, which Committee is now responsible for its fate. Then contact your legislators to let them know your feelings about the bill. If they aren't on the relevant Policy Committee, urge them to convey your feelings to their colleagues who are.

Your ability to help determine which bills live or die is just a toll-free phone call away: 1-800-562-6000. (And if you don't know who your legislators are, the operators can help you learn who they are.)

Solving The Deficit Crisis.
The deficit is so deep, and the pain of meeting it through budget cuts is so severe, that tax talk is becoming increasingly common. Even so, every tax, every cut, has ripple effects - often in ways that aren't immediately obvious. If the legislature can be persuaded to pass a Transportation package, for example, that would free up about $35 million a year from the general fund - money that could be used to avoid some cuts in social programs. On the other hand, if the tax on gaming is expanded, that could reduce the revenues now going from gaming profits to social programs -like the bingo games that pay for school equipment, a tiny brain injury program, or team uniforms for low-income children.

By now it is easy to find people combing through lists of items exempted from the sales tax, or available for changes that might bring in badly-needed revenues. Others are trying to find ways to convey the depth of the problem. (POLICY WATCH has even added a new category of bills - looking at TAX OPTIONS.)

Think the problem could easily be solved just by cutting back on state government? Well, Senator Jim Hargrove, has an answer. He added up the savings from eliminating some state agencies. If we eliminate:
** the University of Washington;
** the Department of Health;
** the Department of Fish & Wildlife;
** the Department of Ecology;
** the Department of Community Trade and Economic Development; ** and end the I-695 "backfill" assistance to local governments...
we would "save" $667 million. That leaves $1 billion still to cut.

Think the problem could be solved by "tightening the state's belt?" Well, the Senate Ways & Means has an answer. We could:
-- freeze equipment purchases (everything from computers and software to mattresses for the prisons);
-- eliminate a year's cost-of-living adjustments for state workers and all training;
-- freeze out-of-state travel - for all reasons, including transporting prisoners;
-- freeze purchases of state cars, including state patrol vehicles;
-- ban cell phone use by state employee, including state troopers...
and that would "save" $167 million. We're still only half-way there.

How about eliminating tax exemptions and loopholes? That's a specially hot topic just now. Among hundreds of possibilities:
** extending the sales tax to cable tv: $39 million/year;
** extending the sales tax to business services: over $ 1 billion/year;
** increasing the tax on soft drinks by 1 cent/ per 12 ounces: $30 million/year;
** extending the sales tax to trade-ins: $110 million/year;
** imposing a 10% tax on luxury cars costing $50,000 or more - yields $29 million/year.
** Every one-tenth of a cent increase in the sales tax would generate about $100 million.

Any of these changes in the tax code could be made temporary, due for review after x many months, or designed just to see us through the current crisis. But all of them would face resistance.

And just for the record: Washington is NOT the fifth-highest-taxed state (as initiative supporters, including Mr. Eyman, were fond of claiming). Our state and local tax burden falls somewhere in the middle - a fact local media are just getting around to reporting.

Questions to Ask Ourselves.
Letters to the Editor and callers to radio shows often start by pointing out something they think someone else should do without, or a tax someone else should pay. That doesn't get us very far.

One way to change the discussion is to ask ourselves two questions: (1) which of the taxes I PAY am I willing to see raised? (2) which of the tax-supported benefits I ENJOY am I willing to see cut (or cost more)? Until we ante up, we should not suggest what others can sacrifice or do without.

Another version of this exercise is to ask: if I were not affected, what (tax/benefit changes) would seem fair? It is a bit like planning for a hike across the mountains, with you and your family: two adults, one teen, one middle-schooler, one little guy. Imagine that you need to carry 100 pounds of goods: water, food, tents, dry socks....

One choice would be to ask each family member to carry the same amount: 20 pounds each, irrespective of size or ability. That's roughly equivalent to a Flat Tax.

Next choice might be to allocate the share of goods by the size and capacity of the person: 40 pounds for dad, 35 for mom, 15 for the teenager, 7 for the middle-schooler, 3 pounds for the little guy. That's roughly equivalent to a Progressive Income Tax.

A third choice is let a few use their power or position to keep things easy for themselves and make the weakest carry the biggest loads: 10 pounds for dad, 15 pounds for mom, 20 for the teenager, 25 for the middle-schooler, and 30 for the little guy. That's roughly equivalent to what we have had for many years. By relying on sales and property taxes (except for exemptions), those with the most capacity bear the smallest loads; those with the least capacity bear two and three times as much. Recent initiatives have made this third scenario worse.

Experienced hikers know that if one of the party is injured, the whole group does triage, understanding that we're all in this together. That person's load is divided up, based on assessing each person's ability to take more, while protecting the injured party. Whether going across a mountain or getting our state across an economic divide, we have to assess what we need and the capacity of each to carry part of the load. And we have to do it in a matter of weeks.

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SNAPSHOTS FROM WEEK SIX

** Threats in the eye of the beholder - Part I. Following a rally on the Capitol steps, about 100 college students tried to leave messages for the Governor - protesting proposed tuition hikes. When staff limited them to five at a time, the rest simply sat down in the hall outside the Governor's office to wait their turn ... creating the impression of: a SIT-IN. By the time the "incident" was over, the state patrol had "locked down" the Capitol, and "marched out" the students....

** Threats in the eye of the beholder - Part II. The State Patrol also carefully confiscated the fabric banner of the Older Women's League following a recent lobby day. (It was later retrieved.)

** One activist mother reports that her pre-schooler says she wants to go to Kindergarten so she can learn to write letters to her legislators.

** PW likes to ask legislative aides for the top three issues generating calls/letters from constituents. Topics this week ranged from: health care workers, Medical Interpreter Services, and the anti-bullying bill (support) -- to terrorism bills, proposed social service cuts, delaying teacher raises, animal trapping, and fluoride (oppose).

** A new Washington resident who moved here from another, less accessible, state was positively elated after watching House Floor Action from the visitors' gallery. She saw legislators read through brightly-colored Floor Messages, take them up and head for the door to meet with constituents between votes, or - when that was not possible - add them to the pile on their desks. It was living proof that in our state, citizens are heard... even in the middle of a floor debate.

** Among over 2,500 people who came to Olympia for a Save Our State rally, were the high-energy/hand-clapping/message writing/song singing youngsters gathered by the Childrens' Alliance in the Capitol Rotunda. (For the record, the State Patrol did not find them suffi-ciently threatening to lock down the building or "march them out.")

** Gender Watch. Over 40% of the people we send to the State Legislature in Olympia are female, but only about one-fourth (3 of 11) of those we send to represent us in Washington, DC.


The BUDGET.

Big budget news this week - in three parts:
1) the Revenue Forecast added nearly $250 million to the deficit;
2) the Caseload Forecast determined that needs requiring additional government spending would also be higher. The final budget deficit is likely to be more like $1.6 billion.
3) Meanwhile, state Treasurer Michael Murphy warned that the state may need to take out a loan to pay its bills. Interest on that debt will add to our debt next year.

There are no scheduled hearings on the budget in Week Seven.

The Governor released his approach to solving the budget crisis in mid-December (it is available on the Office of Financial Management website: www.ofm.wa.gov/); a brief description is in PW-Week One.

All the recent bad news is affecting next steps in the budget process. -- The likely date for the Senate Budget is now 2/27 or 2/28.
-- The House Budget is expected shortly after the Senate's.
Rumors about what is in/not in both are hot topics in Olympia.

NOTE: bills "necessary to implement the budget," are not subject to the normal cut-off dates. Thus, PW says some bills appear dead unless "...necessary to implement the budget."

PART III - SOME ISSUES

This section notes upcoming hearings, plus categories of bills, including:


Fair warning: This bulletin only comes out weekly, and does not pretend to be comprehensive. If there is an issue category you care about, use the legislative website to monitor (www.leg.wa.gov) because the action changes daily.

REMINDER:
House Bill numbers begin with 1 or 2;
Senate Bill numbers begin with 5 or 6.
More recent bills have higher numbers.

A Substitute House or Senate Bill (SHB, or SSB) is a bill that replaces or substitutes for the original bill. It incorporates changes that key members have agreed to, to make the bill acceptable to a majority.

WARNING:
Information on specific bills was still being updated as this was written, and bills are being passed (or rejected) every hour. If there is a specific bill you care about, go to: www.leg.wa.gov, click on Bill Info, and then go to the Daily Status Report. Floor actions are continually posted - usually with a lag time of a few hours.

Bills that did not get voted out of a Policy and/or Fiscal Committee are probably DEAD for this year. Some have been deleted from PW.

 

AGING/LONG-TERM CARE

HB 2431/ SB 5026, SB 6201, SB 6368, S 6268 - DEALING WITH COST and AVAILABILITY OF PRESCRIPTION DRUGS
These bills deal with aspects of the rising cost of prescription drugs. See descriptions and status in HEALTH section.


SHB 2312/ SB 6443 - REGULATING ADULT FAMILY HOMES
This bill would create an advisory board to the Department of Social
and Health Services that formalizes a stable process for discussing and
considering adult family home issues among residents and their advocates, regulatory officials, and adult family home providers.
Both bills DIED.

EHB 2444/ ESSB 6289 - SPECIFIES QUALIFICATIONS FOR ADULT FAMILY HOME PROVIDERS AND RESIDENT MANAGERS.
A Substitute version of the Senate Bill passed the Senate.
On Monday, 2/25 at 6:00 pm this bill is scheduled for a Public Hearing before the House Health Care Committee, in House Hearing Room C of the J.L. O'Brien Building. It is scheduled for "Possible Executive Session on Tuesday, 2/26.
The House Bill passed the House. It has been sent to the Senate Health & Long-Term Care Committee where it is eligible for a Public Hearing.

HB 2457/ SB 6545 - TO CHANGE RATES IN THE NURSING FACILITY MEDICAID SYSTEM
This bill was introduced at the request of DSHS and would accomplish the Governor's proposed budget cuts to nursing homes.
and
HB 2458/SB 6544 - TO PERMIT DSHS TO ESTABLISH LICENSING FEES FOR ADULT FAMILY HOMES.
This bill would authorize DSHS to set fees at an amount able to compensate the department for the cost of carrying out licensing activities.
Both these bills appear to have died in their respective Fiscal Committees; unless "necessary to the budget."

HB 2818/ SSB 6720 - CLARIFYING THE ADMINISTRATION OF INITIATIVE 775 (the Home Care Quality Authority)
Both bills DIED.

Budget Items.
Payments to nursing homes illustrate just how complicated budget decisions can be. Almost one-third of cuts to social services in the Governor's proposed budget come from payments to nursing homes ($70 million - half from state funds, half from federal matching funds). Just what that cut would mean - including its potential impact on patient care -- is a matter of controversy.

Nursing homes are reimbursed for specific items: (e.g., food, mortgage payments, support services, patient care). By targeting operating functions, the Governor's office claims his proposal would not reduce payments for, or affect, patient care.

Some counter that each of the elements being cut affects patient care: reductions in food, staffing, support services. In addition, costs for utilities, supplies, etc., continue to go up - so if payments from the state go down, patient care is likely to be affected. Result: less available per Medicaid patient/per day.

Still others believe that payments to nursing homes have gone disproportionately to profits, not patient care or care providers, and in any case, higher reimbursement rates may not translate into better patient care. Some argue that in-home care (not nursing homes) should have a stronger claim on public funds. Meanwhile, legislators are hearing from all sides. As a result, even this ostensibly straight-forward issue is particularly contentious for the budget-writers.

Assisted Living cuts would total about $2.6 million in combined state and federal funds.

The Governor's budget also puts at risk more than $7 million in funding appropriated for long-term caregiver wage increases, by eliminating the "budget proviso" assuring that the money is used for this purpose. It is feared that change could result in the loss of more than 3,300 nursing home worker jobs and the quality of care provided.

HIV/AIDS funding for prevention and care services - currently allocated throughout the six AIDSNets regions - would be reduced by $1 million. This could affect the state's ability to retain many of the
programs and services funded by the AIDS Omnibus Act.

The Governor has also proposed transferring administrative authority over the Evergreen Health Insurance Program (EHIP), which provides insurance continuation coverage to more than 700 clients statewide, from the Department of Social and Health Services over to the Department of Health. This is move is supported by HIV/AIDS advocates.

IMPLEMENTATION OF I-775, the HOMECARE QUALITY INITIATIVE. This Initiatives was passed by the voters, and provides a mechanism capable of winning small hourly wage increases (e.g., .50/hour) to help promote stability in homecare worker services Most homecare workers earn less than $8.00/hour. Some homecare workers in private agency settings benefitted from funds allocated for the 2001 increase (though a recent report raised questions about how those funds have been used); no funds have been allocated for a 2002 increase. A bill on this topic DIED in Week Six.

CHILD CARE

A number of child care bills were carried over from last year, but thus far none has been scheduled for public hearings. Bills requiring new spending are not likely to get consideration. The big child care issue this year remains funding - including funds needed to not lose ground.

Budget items
ECEAP - the state-funded EARLY CHILDHOOD EDUCATION ASSISTANCE PROGRAM, could see its funding reduced ($2.1 million) under the Governor's proposed budget. ECEAP has a record of proven effectiveness; it helps both parents and children in participating families. It prepares low-income children for school, conveys good parenting skills to young parents, and provides the comprehensive services needed to get pre-schoolers off to a good start.

Over time, rate increases for ECEAP have failed to keep up with the rising costs of salaries, benefits, transportation, etc. As a result, spaces for 650 children were cut statewide this year, and more will be cut again next year - before the Governor's proposed $2.1 million
reduction.

HEAD START could also see its state funding reduced under the Governor's budget ($470,220). Like ECEAP, it is a program of proven success, which aids low-income parents and children, and helps prepare low-income children for school. In the case of HEAD START, eliminating the state funds would also result in a loss of federal matching funds. As a result, fewer children will be served.

WORKING CONNECTIONS CHILD CARE. This is the name given to the program of expanded child care subsidies instituted as part of the state's "WorkFirst" program. With passage of welfare reform, the state recognized that if single parents of young children were going to be required to go to work full-time, some provision must be made for affordable, accessible child care. In the years that followed, the state tripled its spending on child care subsidies for low-income, working parents.

However, the economic downturn has meant fewer jobs, more layoffs, and more people needing welfare aid. Together with claims already made on funds in the "welfare box," there is now a $50-60 million short-fall. At the end of Week Five the Governor (who controls these funds under the welfare block grant) announced a long list of program cuts. See the section on WELFARE - Budget Items - for details.

CHILD WELFARE/CHILDRENS' SERVICES

ESHB1397/ ESSB 5480 - KINSHIP CARE
As introduced, this bill would increase the "child only" grant (where only the child in state care, and not the whole family, is eligible for state aid) by $100/ month for relatives who are caring for multiple children. The first child in the family would continue to receive the current level of $349/month.
This Bill was substantially changed, to lessen the fiscal impact: it now acknowledges the value of kinship care, but just instructs DSHS to convene a workgroup on kinship caregivers, develop a briefing on the policy issues for the Legislature, and report to the legislature by November 1, 2002. As amended, it moved out of the House Children and Families Committee.
The House bill passed the House. It had a Public Hearing before the Senate Human Services & Corrections Committee in Week Six.
A substitute version of the Senate bill passed the Senate. It had a Public Hearing before the House Children & Family Services Committee in Week Six.

SHB 2322 - REVISING PROVISIONS RELATING TO NON-PARENT VISITATION
This bill attempts to balance the rights of parents to raise their children, with a child's interest in maintaining significant relationships with non-parents, and standards for governing visitation by non-parents.
A Substitute version of the bill DIED.

EHB 2324 - MAKING IT A CRIME TO FAIL TO PROTECT CHILDREN AND DEPENDENT PERSONS (known as the Jennifer Kell Act). This bill provides that a parent, stepparent, foster parent or others entrusted with the custody of a child or dependent person has a duty to aid them if physically assaulted or being subjected to abuse or neglect. Questions have been raised about whether the wording offers adequate protections for the many circumstances the bill would cover. (It was introduced in 2001 as HB 1966.)
This bill passed the House. It is now before the Senate Judiciary Committee.

ESHB 2356 - PROVIDING STABLE EDUCATION FOR FOSTER CHILDREN.
Requires that school age foster children attend the same school after placement in foster care, to avoid the instability that comes from moving from school to school as well as from one home to another. About 70% of foster children are school age, and their rates of school achievement and high school completion are lower, while rates of behavioral and learning problems are higher. Advocates for foster children argue that minimizing moves from school to school would be one positive step in the right direction.
ION PLANNING FOR CHIDLREN IN OUT-OF-HOME-CARE
This bill directs the Department of Social and Health Services, the Office of the Superintendent of Public Instruction, and 'stakeholders' to submit a proposal to the legislature regarding the educational needs of children in short term foster care. While related in substance to HB 2356, it does not contain a pilot project. This bill got a Public Hearing before the House Cttee on Children & Family Services in Week Six.

ESHB 2378 - TO REVISE THE DEFINITION OF "ABUSE AND NEGLECT"
This bill expands the definition of abuse and neglect to include the negligent treatment or maltreatment of a child by a person legally responsible for or providing care to the child under circumstances which indicate that the child's health, welfare, or safety is harmed or is at risk of harm. The current definition is so strict that police and child protective services personnel often find their hands tied even when there are multiple warning calls from neighbors and caring relatives. The proposed changes serve to clarify neglect situations, and make needed intervention more likely and more possible.
A Substitute version of this bill passed the House. It got a Public Hearing before the Senate Committee on Human Services and Corrections in Week Six.

ESHB2379 - MAKING IT A CRIME TO LEAVE A CHILD WITH A SEX OFFENDER.
This bill would charge parents and persons entrusted with the care of a child, including a child care provider, who knowingly leaves the child with a registered sex offender with criminal mistreatment, a fourth degree misdemeanor.
A Substitute version of this bill passed the House. It got a Public Hearing in Week Six before the Senate Judiciary Committee.

ESHB 2382 - REVISING PROVISIONS RE CRIMINAL MISTREATMENT OF A CHILD OR DEPENDENT PERSON
This bill adds a criminal sanction if a person entrusted with the care of a child, or dependent person puts them at risk of injury or mental distress by withholding the basic necessities of life. The bill also addresses criminal negligence that results in a mental disorder.
A Substitute version of this bill passed the House. It got a Public Hearing in Week Six before the Senate Judiciary Committee.

HB 2459 - CHANGING CHILDRENS SERVICES AND PROGRAMS AS A RESULT OF BUDGET REDUCTIONS.
This deceptively simple title tops a 41-page bill that would significantly scale back programs for children and youth - particularly those providing early intervention services to youth and families. The bill was introduced at the request of the Office of Financial Manage-ment and was referred directly to the Appropriations Committee.
It would effectively legislate the program cuts recommended in the Governor's proposed budget, ending dozens of programs (e.g., the Community Safety Networks, the Family Policy Council, and secure Crisis Residential Centers) even though no budget decisions have been made, and no funding has been eliminated. It would change language establishing many programs from "Shall" to "May." Advocates are concerned because these programs represent investments which assist families in crisis, and keep young people out of the costly Child Welfare and Juvenile Justice systems.
This bill is being held in the Appropriations Committee where it may be deemed "necessary to the budget."

ESHB 2574 - ESTABLISHING A DEMONSTRATION SITE FOR A STATEWIDE CHILDREN'S SYSTEM OF CARE.
In this bill, Children's System of Care is defined as, "a centralized community care coordination system representing a philosophy about the way services should be delivered to children and their families, using existing resources of various child-serving agencies, and allowing for "blended funding." The agencies represented may include providers of mental health services, drug and alcohol services, services for the developmentally disabled, county juvenile justice and state juvenile rehabilitation, child welfare and special education.
A Substitute version passed the House; it is now before the Senate Human Services and Corrections Committee.

Budget Items.
The Governor's Budget proposals include a total of $14 million in cuts in a variety of programs that offer prevention and/or early intervention for children at risk. Among them are elimination of:
-- the ALTERNATIVE RESPONSE SERVICES ($1.2 million),
-- the PUBLIC HEALTH NURSE PROGRAM ($1.1 million),
-- the CONTINUUM OF CARE PROGRAM ($1.7 million - early intervention for low risk families in 4 counties),
-- FAMILY RECONCILIATION SERVICES ($3 million), and
-- FAMILY RECONCILIATION SERVICES PHASE II ($1.7 million, for families with youth ages 12 -17),
-- PARENTS TRUST.

Champions for some of these programs are coming forward, and a few are gaining support from important community representatives: e.g., court personnel, judges, physicians, teachers, social workers, parents.

CIVIL RIGHTS/CIVIL LIBERTIES

ESHB 1444/ SB 5528 - REQUIRING POLICIES PROHIBITING HARASSMENT, INTIMIDATION, AND BULLYING ON SCHOOL GROUNDS AND AT SCHOOL ACTIVITIES.
The bill declares that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Harassment, intimidation, or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment.
This bill results in part from a study by the Attorney General's office. (Information on the bill is available at the AG's web site.)
A Substitute Bill passed the House with a clearly bi-partisan 81-16 vote. Supporters believe the revised bill includes a good definition of harassment; latitude for local jurisdictions to either incorporate the definition of "harassment, intimidation, or bullying" into an existing policy or develop a new policy; and there will be training materials for implementing the policy. Advocates for the bill hope Senators will accept the House bill as is.
It got a Public Hearing before the Senate Education Committee, in Week Six. Supporters are concerned that some members of that Committee wish to make the bill more expansive, while others want its scope to be more limited. They note that with time running out in the Session, any amendments put the bill at risk.

ESHB 1663 - AUTHORIZING AN EXCEPTIONAL SENTENCE WHEN A CRIME IS MOTIVATED BY HATE.
Provisions of this bill would apply if a defendant committed the current offense because of the defendant's perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap.
This bill passed the House. It is now before the Senate.
On Monday, 2/25, at 10:00 am, it will get a Public Hearing before the Senate Judiciary Committee, in Senate Hearing Room 1 of the J.A. Cherberg Building.

HB 2314/ SB 6731 - INCREASING PENALTIES FOR TERRORISM OFFENSE
This bill was requested by the Governor and Attorney General Christine Gregoire, to discourage terrorism by increasing the punishment for acts that target civilian populations. It would create a definition for "terroristic intent" as the aim of using a weapon of mass destruction for the purpose of intimidating or coercing people or government.
Both the House and Senate bills DIED.

SHB 2416 - AUTHORIZING ADDITIONAL INVESTIGATIVE TOOLS TO DETER TERRORISM.
This bill is intended to prevent terrorist attacks by providing "appropriate investigative tools," including wiretapping, to promote cooperation between local, state, and federal law enforcement agencies.
This bill passed the House by a vote of 77-21. It is now before the Senate Judiciary Committee.

ESHB 2505/SB 6451 - PENALIZING UNLAWFUL INSTRUCTION IN CIVIL DISORDER.
This bill was requested to fill a loophole in our State's law regarding groups that train with the intent of creating "civil disorder." Not to be confused with civil disobedience, civil disorder is an act of violence by a group of people that results in injury to a person or person's property. The legislation would affect groups that are training individuals (and the individuals being trained) in the techniques and mechanisms intending to create civil disorder. All of our surrounding states and every western state have a similar statutes on the books.
The Senate bill DIED.
A Substitute version of the House bill passed the House.
On Monday, 2/25 at 10:00 am it is scheduled for a Public Hearing before the Senate Judiciary Committee, in Senate Hearing Room 1 of the J.A. Cherberg Building.

SHB 2879 - PROVIDING PENALTIES AND REMEDIES FOR TERRORISM OFFENSES.
This bill intends to strengthen the laws of Washington to better protect the health and safety of the state and its residents, by a stronger partnership among federal, state, and local governments.
A Substitute version of this bill passed the House by a vote of 82-16.
On Thursday, 2/28 at 10:00 am this bill will get a Public Hearing before the Senate Judiciary Committee, in Senate Hearing Room 1 of the J.A. Cherberg Building.

ESSB 6704 - INCREASING PENALTIES FOR TERRORIST ACTS.
This bill would create three new crimes: terrorist hoax, unlawful use of biological agents, and use or possession of radioactive material. It also allows judges to impose sentences beyond the standard range, including capital punishment. It passed the Senate by a vote of 42-7.
On Wednesday, 2/27 at 6:00 pm this bill is scheduled for a Public Hearing before the House Select Committee on Community Security.

These are among many bills in a new category of bills related to terrorism. Concerns have been raised about the possible criminalization of political beliefs, the future of nonviolent protest, the free exercise of First Amendment rights, inappropriate use of wiretapping and other covert methods of obtaining information, ethnic profiling, and a host of civil liberties questions.

DISABILITIES

HB 1638/ SB 5302 - PROVIDING A TAX EXEMPTION FOR CERTAIN PERSONS PROVIDING SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
Affects B&O Taxes for owners of residential services.
Both bills appear to have died in their respective fiscal Committees, unless deemed "necessary to the budget."

SHB 1640 - PROVIDING FOR EXPANDED EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH DISABILITIES
A Substitute version of this bill passed the House.
On Wednesday, 2/27 at 6:00 pm it will get a Public Hearing before the Senate Committee on Labor, Commerce & Financial Institutions, in Senate Hearing Room 4 of the J.A. Cherberg Building.

HB 2155/ SB 5739 - ADDRESSING TRANSPORTATION FOR PERSONS WITH SPECIAL TRANSPORTATION NEEDS.
This bill recognizes that the state has a responsibility to address transportation needs of persons with special transportation needs. It will improve transportation efficiency and effectiveness to maximize the use of community resources so that more people can be served within available funding levels.
The House bill DIED.
The Senate Bill passed the Senate and has moved to the House Transportation Committee, where it is eligible for a Public Hearing in Week Seven.

SHB 2439 SPECIFYING SERVICES FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES
This bill would direct the Department of Social & Health Services to
provide appropriate services and supports to an eligible child with
developmental disabilities at a level comparable to that provided in the
voluntary placement program, excluding the room and board component of that program. These services are intended to assist families in keeping the child in the family home until it is appropriate and feasible for the child to live elsewhere.
A Substitute version of this bill appears to have died in the House Appropriations Committee - unless "necessary for the budget."

HB 2529/ SB 6585 - REQUIRING SUPPORT PAYMENTS FOR DEVELOPMENTALLY DISABLED CHILDREN IN OUT-OF-HOME CARE
This bill is offered as a result of the budget deficit.
Both bills appear to have died in their respective fiscal committees. - unless "necessary for the budget."

SSB 6733 - EXTENDING SERVICE CHOICES FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
This bill is variously described as: expanding respite care in state institutions by keeping vacancies open for this purpose; and also as reversing the state's policy of including people with developmental disabilities in the community, by maintaining the Residential Habilitation Centers (RHCs) in perpetuity. Groups associated with protection and advocacy oppose the bill.
A Substitute version of this bill appears to have died in the Senate Ways & Means Committee.

Budget Items
The Governor would impose a hiring freeze on Developmental Disability case managers. Last year legislators agreed to hire desperately needed new case managers; the funding for 2002 hires could be stopped. This jeopardizes federal funding for the Home and
Community-Based waiver (also known as the CAP waiver), and affects quality of life for those who rely on help from their case managers.

Two month delay in provider wage increase. This is part of a proposed two-month delay in cost-of-living increases for vendors and state employees. In this case, it would "save" $307,000 by delaying the second year of raises from July 1 til September 1, 2002.
(instead of July 1, 2002).

In Week Six the House Transportation committee issued its ten-year transportation plan, with a recommendation of just $214 million for transit and special needs transportation. Compared with last year's talk of $913 million and the Governor's proposed $588 million, the Committee's recommendation is inadequate. It represents about one-tenth of the funding that existed before Initiative 695 - a clear step backward. The House may try to send this proposal to the public for a vote. Disability advocates will be watching it closely.

HEALTH CARE

SHB 2364/ SSB 6426 - ALLOWING SICK LEAVE TO CARE FOR FAMILY MEMBERS.
This bill provides that an employer shall not in any way discriminate against an employee because an employee excises the right to use sick leave to care for family members. Few other states have extended sick leave to care for family members.
The House bill passed the House and moved to the Senate.
On Tuesday, 2/26 at 8:00 am the House bill will get a Public Hearing before the Senate Committee on Labor, Commerce & Financial Institutions.
The Senate bill passed the Senate, 38-10.
On Wednesday, 2/27 at 8:00 am the Senate bill will get a Public Hearing before the House Committee on Commerce & Labor, in House Hearing Room B of the John L. O'Brien Building.

SHB 2430 - CONCERNING ACCESS TO HEALTH CARE
This bill would establish pilot projects to determine whether it is appropriate to use Basic Health Plan and Medical Assistance funds to subsidize employer-sponsored health insurance premiums, and set requirements for five standard health plans offered to small employer groups.
This bill DIED.

SHB 2431/SSB 6368 - DEVELOPING A COMPREHENSIVE PRESCRIPTION DRUG EDUCATION AND UTILIZATION SYSTEM.
Because prescription drugs play an increasingly significant role in the health of Washington residents, at the same time the cost of these drugs is rising (and many are not insured for drug costs), several bills have been introduced. They would have the state use its purchasing power and position as a major buyer of prescription drugs, to reduce the price for drugs, and offer some relief to others in need who lack prescription drug coverage.
Under the bill a panel would develop a list of "preferred" from which the state would choose the cheapest - and then use the combined buying power of the state to negotiate good prices. In the first year the bill applies only to medicaid patients, then, after a year, local governments, private companies and others lacking insurance could join in. It is expected to save the state millions of dollars in future costs.
Check the bill for changes. In Week Six the House bill was "amended onto" the Senate bill - which now becomes the vehicle. This bill is a priority for health consumers and senior citizens, as well as everyone wishing to reduce rising health care costs. Supporters will work hard to see it pass.
The Senate bill passed the Senate, by a relatively close 27-20 vote. On Tuesday, 2/26 at 1:30 pm, it is scheduled for a Public Hearing before the House Health Care Committee, in House Hearing Room C of the J.L. O'Brien Building.


HB 2461/ SB 6716- REQUIRING LEGISLATIVE APPROVAL OF FEDERAL WAIVERS TO THE MEDICAL ASSISTANCE PROGRAM.
Also known as the "Bureaucracy Accountability Act," or the "Medicaid Waiver Sunshine Law," this bill requires the Department to consult with the House and Senate Committees before requesting any federal demonstration waivers modifying the Medical Assistance Program, and makes this provision retroactive.
Advocates for persons with mental illness are among those supporting this bill, because of the potential any Medicaid waiver would have to eliminate benefits, alter eligibility, and/or require co-pays for people with mental health issues.
The status of this bill is unclear. It did not move before the cut-off, but legislative supporters are looking for ways to keep it alive. It may get amended onto another bill.
The Senate bill appears to have died.

HB 2462/ SSB 6523- SETS TERMS FOR CHILDREN WITH LIFE-THREATENING CONDITIONS TO ATTEND SCHOOL.
This bill would require a physician's medication or treatment order as a
condition for children with life-threatening conditions to attend public
school.
The House bill DIED.
A Substitute version of the Senate bill passed the Senate. It is now before the House Health Care Committee.

HB 2612/ SB 6586 - TRANSFERRING THE HUMAN IMMUNO-
DEFICIENCY VIRUS INSURANCE PROGRAM TO THE DEPARTMENT OF HEALTH
Both bills appear to have DIED.

SB 5026 -- CREATING THE AGGREGATE PURCHASING PRESCRIPTION DRUG DISCOUNT PROGRAM
This bill proposes to create an "aggregate purchasing prescription drug discount program" to make discounted prices available to anyone in the state who isn't covered by an existing drug benefit program.
A Substitute version of this bill appears to have died in the Senate Ways & Means Committee, unless "necessary for the budget."

SSB 5960 - PRESCRIPTION DRUG PRODUCTS
This bill would hold drug manufacturers liable for harm caused by drugs advertised directly to consumers.
A Substitute version of this bill apparently DIED.

SSB 6268 - PHARMACY ACCESS PROGRAM
This bill provides two years of funding ($125,000 each year) to develop a strategy for local governments to reduce the costs and increase access for prescription drug consumers. The administrator of the Health Care Authority will report to the Governor and Legislature by 1/1/03 on progress in implementing efforts to coordinate drug purchases.
A Substitute version of this bill appears to have died in the Senate Ways & Means Committee, unless "necessary for the budget."

Budget Items:
The Governor's budget would eliminate state funding for MEDICAL INTERPRETER SERVICES ($6.6 million), thus putting Medical Assistance patients with limited English competency at risk. There are thousands of people with limited English proficiency or sensory impairments who need interpreter services to use medical care. (In King County alone, a rough estimate puts the number of Interpreter services provided at about 10,000/week.)

There is a Federal requirement that Interpreter Services be available, but hospitals, clinics, and private physicians would be hard-pressed to replace state funds if they are eliminated. Private health care providers cannot choose to see some Medicaid patients (but not all) and thus are likely to stop seeing Medical Assistance patients entirely if Interpreter Services are cut. This would increase the number/costs to public providers, and raise the cost of contracts for spoken and sign language interpretation. That has been giving this issue "legs" in recent weeks.

PRESCRIPTION DRUG FUNDING is also at risk. Among the "details" in the Governor's "Budget Detail" is one that projects a $71 million savings to the state ($35.4 million in General Fund dollars), by changing the way the state reimburses pharmacies. Under this new plan, the Average Wholesale Price discounts used by the state will go from 89% to 80% for brand name drugs, and from 89% to 35% for some generic drugs. Concerns have been raised that this essentially asks pharmacists to solve the problem of rising drug costs, but it could easily backfire. Access to services, both in community and residential settings, could become more difficult for Medicaid patients.

Health advocates are also monitoring to protect the funding and uses (approved in Initiative 773) for implementation of the TOBACCO PREVENTION AND CONTROL PLAN, and for expansion of the BASIC HEALTH PLAN to 175,000 enrollees by July 1, 2005.

LOCAL HEALTH AGENCIES will lose a significant amount of funding - 10-20% of total budgets - if the state discontinues $100 million in funds to county governments to make up for losses (i.e. "backfill) from I-695. These funds are used by public health agencies to support a number of public health programs. They came to Olym-pia to explain the threat to public health safety if these funds are lost.

Budget negotiations will also be monitored to protect programs for the PREVENTION AND TREATMENT OF CANCER (e.g., tobacco control efforts, treatment for low-income women diagnosed with breast and/or cervical cancer).

HOUSING/HOMELESSNESS

2SSB 5134 - MOBILE HOMES
It would eliminate a provision that allows mobile home park owners to establish their own fire and safety standards, on top of those set by the State, and to block sales or evict tenants if their mobile home does not meet the landlord's individual standards. If SB 5134 passed, existing mobile home fire and safety regulations could be enforced by state and local building code officials, without landlord interference.
A Substitute version of this bill passed the Senate.
On Wednesday, 2/27 at 8:00 am it will get a Public Hearing before the House Committee on Local Government & Housing, in House Hearing Room E of the John L. O'Brien Building.

HB 2060/E3 S SB 5936 - TO PROVIDE FUNDS FOR HOUSING PROJECTS
Would require a $10 fee for each real property document recorded, with the proceeds to be added to the Housing Trust Fund to provide for low-income housing projects and other housing development. 60% of the funds collected would stay in the communities where the fee was collected, to be used by local decision-makers for locally-identified low-income housing needs; and the remaining 40% would be used to support the operations of housing for
extremely low-income persons across the state.
This bill is the 2002 legislative priority for low-income housing advocates. Concerns have been raised that the worsening budget situation may cause legislators to see this as a source of revenue for the State General Fund - and not just for low-cost housing.
A Substitute Senate bill (check the bill for changes) is before the Senate Ways & Means Committee, where it remains alive.
The House bill passed the House, by a 68-29 vote.
On Monday, 2/25 at 10:00 am it will get a Public Hearing before the Senate Cttee on Commerce, Labor & Financial Institutions, in Senate Hearing Room 4 of the J.A. Cherberg Building.

SSB 6362 - MANUFACTURED MOBILE HOMES
This is a new bill that would allow the state's Office of Community Development to enforce the Mobile Home Landlord Tenant Act, collect fees from mobile home park owners to support enforcement activities, and issue citations and fines to mobile home park owners who failed to comply with the Mobile Home Landlord Tenant Act.
A Substitute version of this bill DIED.


Budget Items: the Governor's Proposed Supplemental Budget, would cut funds for Emergency Shelter Assistance by $1.9 million, and funds for Overnight Youth Shelter by $120,00. Testimony against both these items was strong during Public Hearings.

Housing advocates will also be watching to insure that the Housing Trust Fund is not "raided" to offset cuts.

HUNGER AND NUTRITION

SHB 2325 - DONATED FOOD
This bill springs from concerns raised in Eastern Washington after local health departments placed severe restrictions on potluck-type (home-cooked) dinners for the hungry. Usually operated by faith communities, they have resulted in no known incidents of food poisoning. The bill would allow the serving of "non-hazardous food," an interesting term.
A Substitute version of this bill passed the House.
It got a Public Hearing before the Senate Committe On Tuesday, 2/26 at 6:00 pm the Senate Bill will get a Public Hearing before the House Education Committee, in House Hearing Room A of the J.L. O'Brien Building.

SB 6799 - TO PROVIDE FUNDING FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM.
This bill provides $1 million to sustain funding for EFAP.
This bill was referred to the Senate Committee on Ways & means, where it remains; it may be "necessary to the budget."

Budget Items

EFAP - the EMERGENCY FOOD ASSISTANCE PROGRAM - would be cut $565,000 in the Governor's proposed Budget ($500,000 for building capacity to handle perishable foods, plus $65,000 for a food bank distribution center in Grays Harbor County.).
These are funds used to purchase equipment and contract for food distribution in the emergency food network. Three hundred and ten (310) food banks receive EFAP funds, serving 1,080,000 clients for a total of 5,549,000 client visits.


The FARMER'S MARKET NUTRITION PROGRAM would be cut by $263,000 in the Governor's proposed budget. These are funds that enable high-risk, low-income women and children have access to fresh produce at farmers' markets, using their WIC benefits. Twenty-two farmers' markets participate with over 400 small farmers.
Elimination of the WIC farmers market funding would remove Washington from the program; it is unlikely we would be re-admitted to the program should the state choose to apply in future years.

WIC - Women Infants and Childrens health and nutrition program for high risk women and children - this would be cut $423,000 in the Governor's proposed budget. WIC has a proven record of reducing low-birth weight, infant mortality, and lifetime disabilities; it saves over $3 in health care costs for every $1 in food/nutrition services. WIC supports 250,000 of Washington's women and children each year at over 250 sites across Washington. Half of all babies born in Washington benefit from WIC. WIC also contributes $60 million statewide in revenue for local grocery stores.

WIC is thought to be doubly at risk because of plans to end state funds to "back fill" the funds that county health departments lost with the passage of I-695. King County alone would lose 1/3 of WIC slots (more than 10,000 people) and $6.9 million worth of vouchers if their "backfill" dedicated to WIC is cut as proposed. This could mean reduced services to the 0-3 population, eliminating 3 & 4 year olds, and some changes in services to post-partum women.

JUVENILES/YOUTH

HB 1549/ SB 5296 - LIMITING MINORS'ACCESS TO TOBACCO.
This bill would prohibit self-service tobacco product displays in establishments that serve youth (it would not apply in places where youth are not allowed). Locked cabinets or behind-the-counter arrangements would be the only ones allowed. This bill was considered last year. It would build on progress made in recent years in limiting the sale of tobacco products to minors.
Both bills appear DEAD.

HB 2380 - CHANGING PROVISIONS RELATING TO SEGRE-GATION OF CHILD OFFENDERS FROM ADULT OFFENDERS.
This bill stipulates circumstances under which an offender over 18 years but under 21 years of age may be maintained in a housing unit for offenders under 18.
This bill passed the House. It is now before the Senate Committee on Human Services & Corrections, where it is eligible for a Public Hearing.

HB 2454 - STUDYING PROGRAM FOR AT-RISK YOUTH INTERVENTION.
This bill calls for a study by the Washington State Institute for Public Policy, to encourage investment in proven intervention and prevention programs for at-risk youth. Results of the study would be reported to the legislature in December 2002.
This bill passed the House. It is now before the Senate Committee on Human Services & Corrections, where it is eligible for a Public Hearing.

HB 2459 - CHANGING CHILDRENS SERVICES AND PROGRAMS AS A RESULT OF BUDGET REDUCTIONS.
This deceptively simple title tops a 41-page bill that would significantly scale back programs for children and youth - particularly those providing early intervention services to youth and families. The bill was introduced at the request of the Office of Financial Management and was referred directly to the Appropriations Committee.
It would effectively legislate the program cuts recommended in the Governor's proposed budget, ending dozens of programs (e.g., the Community Safety Networks, the Family Policy Council, and secure Crisis Residential Centers) even though no budget decisions have been made, and no funding has been eliminated. It would change language establishing many programs from "Shall" to "May." Advocates are concerned because these programs represent investments which assist families in crisis, and keep young people out of the costly Child Welfare and Juvenile Justice systems.
This bill remains before the House Committee on Appro-priations, but could still get action later as "a bill necessary to implement the budget."

Budget Items
The Governor's proposed budget would eliminate:
-- $120,000 for the state's five licensed youth shelters (each gets about $22,000);
-- $750,000 for the Juvenile Violence Prevention Grant.
(A related proposal would cut $1.2 million from Drug and Substance Abuse Treatment programs, currently funded through the VRDE account. Discussions related to future uses of the VRDE - Violence Reduction and Drug Enforcement - Account are underway.)

The Governor's budget would eliminate THE COMMUNITY HEALTH & SAFETY NETWORKS. Begun in 1992, the Networks are not programs, but a system under the jurisdiction of the Community Trade and Economic Development Department; he would also eliminate the Family Policy Council.

The Networks consist of community people who identify local needs and provide funding to programs that prevent youth violence and other negative outcomes for children. The Networks have served as incubators for innovative new approaches from the local level, on such issues as teen pregnancy, youth violence, and child abuse.

MENTAL HEALTH

HB 2298 - MENTALLY ILL OFFENDERS DEMONSTRATION PROJECT
Would provide $50,000 for a demonstration project in 2 county jails to integrate jail services for mentally ill and/or substance abusing offenders.
This bill appears to have died in the House Appropriations Cttee.

2ESSB 5522 - CREATING AN INDEPENDENT MENTAL HEALTH OMBUDSMAN under the office of Community Development.
This bill has passed the Senate and was referred to the House.
On Monday, 2/25 at 6:00 pm, it is scheduled for a Executive Session in the House Health Care Committee, in House Hearing Room C of the John L. O'Brien Building.

HB 2367/ SSB 6589 - AUTHORIZING ADVANCE DIRECTIVES FOR MENTAL HEALTH TREATMENT.
This bill assumes that a person has the ability to control decisions relating to mental health care even when the ability to declare these choices is impaired due to mental illness. An advance directed created under this Act should be respected by medical and mental health professionals and others. These directives would be like other standard "end of life" directives.
The House bill is DEAD.
A Substitute version passed the Senate and went to the House.
On Tuesday, 2/26 at 1:30 pm, it is scheduled for a Public Hearing before the House Committee on the Judiciary, in House Hearing Room B of the J.L. O'Brien Building.


HB 2430 - CONCERNING ACCESS TO HEALTH INSURANCE FOR SMALL EMPLOYERS
This bill has a benign title but would permit insurance companies to offer very limited health insurance policies to small employers. Of particular concern, the policies could exclude mental health coverage. In addition, the bill would expand the definition of small employer to include those with 50 or fewer employees (up from 25 or fewer employees in current law).
This bill is DEAD.

HB 2476 / SB 6469 - AUTHORIZING RELEASE OF MENTAL HEALTH SERVICES INFORMATION TO DEPT. OF CORRECTIONS.
The House bill is DEAD.
The Senate bill passed the Senate. It has been referred to the House Committee on Criminal Justice and Corrections.

SSB 6724 - INCLUDING MENTAL HEALTH PROFESSIONALS UNDER INDUSTRIAL INSURANCE
This bill would include Licensed Social Workers as professionals eligible to provide mental health services to workers covered by L&I and involved in job injuries.
A Substitute version of this bill DIED.


Budget Items
The Governor's proposed budget would cut funding for the Regional Support Networks by $4.6 million, effectively reducing rates paid to RSNs by 3%. The reductions would come from both inpatient and outpatient care. Since the Mental Health system is currently under-funded, with little in the way of prevention/early intervention or services for any but the most critically ill, these cuts are regarded as far more serious than the dollar amounts may imply.

The Governor's proposed budget would also:
* eliminate miscellaneous community mental health services including , special transportation services, a program providing the drug Clozaril, and the atypical anti-psychotic medication pilot project,
* end contracts with Children's Hospital and Fairfax Hospital for specialized treatment for children
* close half of the Program for Adaptive Living Skills (PALS) unit at Western State, affecting 55-60 patients. (This program helps ready patients for life outside the institution.)
Other proposed cuts would affect individuals with mental illness - e.g., cuts in emergency food and shelter, other basic services.

SEXUAL ABUSE/DOMESTIC VIOLENCE

HB 1248/ SB 5189 - TO ALLOW VICTIMS OF DOMESTIC VIOLENCE OR STALKING TO RECEIVE UNEMPLOYMENT INSURANCE BENEFITS.
This bill recognizes that people being stalked or followed by abusers may miss work through no fault of their own, and thus should be eligible for UI. Domestic Violence advocates point out that this is a proper use of these funds because it concerns an involuntary resignation needed to protect oneself and fellow workers from injury.
The Senate bill DIED.
The House bill passed the House.
On Wednesday, 2/27 at 6:00 pm it is the seventh bill scheduled for a Public Hearing before the Senate Committee on Labor, Commerce & Financial Institutions, in Senate Hearing Room 4, J.A. Cherberg Building.

SSB 5511 - MODIFYING PARENTING PLANS
Known as the "friendly parent" bill, this bill would require courts to take into account which parent is more likely to allow frequent and continuing contact with the other parent, in making decisions about where children live after a divorce. Domestic Violence advocates are concerned that a woman who fears frequent contact with an abusive parent/ spouse may be reluctant to state those fears, and thus be deemed an "unfriendly" parent.
A Substitute version of this bill DIED.

SHB 2381/SSB 6407 -TRAFFICKING OF PERSONS.
This bill would provide a coordinated, humane response for victims of human trafficking, and it creates a Washington state task force against the trafficking of persons.
A Substitute version of the House bill (check the bill for changes) passed the House.
On Tuesday, 2/26 at 8:00 am the House bill will get a Public Hearing before the Senate Committee on the Judiciary, in Senate Hearing Room 1 of the J.A. Cherberg Building.
A Substitute version of the Senate bill (check the bill for changes) passed the Senate.
On Wednesday, 2/27 at 1:30 pm the Senate bill will get a Public Hearing before the House Committee on Criminal Justice & Corrections, in House Hearing Room E of the J.L. O'Brien Building..

SSB 6412 - MAIL ORDER BRIDES
This bill would require the disclosure of critical information by international matchmaking organizations, in order to protect "mail order brides" from prospective partners with a history of violence.
A Substitute version of this bill passed the Senate, 43-2.
On Monday, 2/25 at 1:30 pm this bill will get a Public Hearing before the House Committee on Commerce & Labor, in House Hearing Room B of the J. L. O'Brien Building..

SHB 2690/ SSB 6537 - PROVIDING EMERGENCY CONTRACEPTION TO SEXUAL ASSAULT VICTIMS
This bill deems it essential that all hospital emergency rooms provide emergency contraception as a treatment option to any woman who seeks treatment as a result of a sexual assault.
A Substitute version of the House bill DIED.
A Substitute version of the Senate bill (check the bill for changes) passed the Senate.
On Monday, 2/25 at 6:00 pm, it will get a Public Hearing before the House Health Care Committee, in House Hearing Room C of the J.L. O'Brien Building.

SUBSTANCE ABUSE/TREATMENT

HB 1206/ ESSB 5416 - IDENTIFYING MOTHERS OF DRUG-AFFECTED INFANTS.
This bill requires drug screening for pregnant and lactating women, and identification of those showing evidence of use. Research indicates that most pregnant women don't disclose drug/alcohol use.
Since pregnant women are already high priority for treatment, one potential effect of this bill would be to make even fewer services available to men, simply because they are not a priority group, and there will be no additional funds. Women's groups have raised other concerns about the bill.
The House bill DIED.
A Substitute version of the Senate bill (check the bill for changes) passed the Senate and has been revised.
On Monday, 2/25 at 1:30 pm it will get a Public Hearing before the House Committee on Children & Family Services, in House Hearing Room D of the J.L. O'Brien Building.

SHB 2338/ SSB 6361 - DRUG SENTENCING REFORM. ... REVISING SENTENCES FOR DRUG OFFENSES.
These bills would increase the use of substance abuse treatment for defendants and offenders in order to reduce recidivism and increase the likelihood that they will become law-abiding persons.
House and Senate versions differ in how much of any savings would be used for drug treatment.
The bill also intends that sentences for drug offenses accurately reflect the impact of substance abuse and addiction on public safety, that the public be protected from violent offenders, and that sentences be based on research, and on public policy goals established by the legislature. It includes a new drug sentencing "grid" and sets aside funds for treatment and drug courts. If passed, it would limit the need for building more prisons, in addition to lowering the incidence of crime (because so much is drug-related). The Governor's office has expressed support for a combination of sentence reform and drug treatment.
A Substitute version of the Senate bill (check the bill for changes) remains in the Senate Ways & Means Committee. It is exempt from the cut-off because it is "necessary to the budget."
A Substitute version of the House bill passed the House 72-25. The bill lowers sentences of future non-violent drug offenders, with the savings from prison beds going to fund drug courts to supervise community-based treatment. Drug courts could be expanded through-out the state. By 2004 the bill would require a new sentencing grid for drug offenses; it also offers judges wide discretion (e.g., drug court, prison-based treatment, or traditional prison time).
The House bill is now before the Senate Judiciary Committee.

SB 6482 - REMOVING TIME LIMITS FOR TREATMENT
This bill would eliminate the 60-day limit on state-funded treatment, and better tailor treatment to the individual.
This bill passed the Senate.
On Monday, 2/25 at 1:30 pm it will get a Public Hearing before the House Children & Family Services Committee, in House Hearing Room D of the J.L. O'Brien Building.

Advocates for sentencing reforms and improved access to substance abuse treatment have used this Session to build a powerful case. In brief: treatment saves in millions of dollars in costs to a variety of costly systems - e.g., the child welfare system (many child neglect cases involve substance abuse), and the criminal justice system (lower crime rates, less need for more jails).

Meanwhile, there is some $30 million in new spending included in the Governor's budget to pay for prison expansion - money that might be used elsewhere to avoid cuts and retain services. Not only would there be savings from a lower Department of Corrections headcount, better treatment access would help return non-violent offenders to the community as productive citizens.


Budget items
The Governor's proposed budget would eliminate funding for several direct treatment programs. Among them are:
-- the Treatment Accountability for Safe Communities - TASC program ($3.5 million). TASC is a 20-year old program working to reduce drug abuse and criminal activity, and to connect the criminal justice and chemical dependency systems; works with Drug Courts.
-- the GRAVELY DISABLED PROGRAM ($1.4 million);
-- 71 Recovery House beds ($1.1 million);
-- reduce the Violence Reduction & Drug Education - VRDE - fund ($1.2 million)
-- reduction in Public Safety and Education Act - PSEA - funds for drug court and SSI supplemental funds;
-- delay in Vendor Rate Change, and in Involuntary Treatment Beds in Spokane ($800,000).


TAX OPTIONS

This is a new section, occasioned by the increasingly urgent need to find additional revenues and thus avoid solving the deficit crisis through even more drastic cuts in health and social services. All these bills have been referred to one or another of the Fiscal Committees. Although none has passed, they remain exempt from the cut-offs because they may be deemed "necessary for the budget." Nonetheless, all are "long shots."


HB 2933 - REVIEWING, MODIFYING AND TERMINATING TAX PREFERENCES.
This bill would require the legislature to periodically review all tax preferences and determine which should be continued, changed, or eliminated - based on their ability to produce intended results.
This bill was referred to the House Finance Committee.

SB 6711 - PROVIDING THE NECESSARY REVENUES FOR HEALTH CARE.
This bill would assess a 1% flat tax on all taxable income (adjustable gross income as calculated for federal IRS purposes), with a $100,000 deduction. It also provides for repeal of the B&O tax. This bill recognizes that the legislature cannot establish a progressive income tax without amending the state constitution, but it could impose a flat tax on income. Proceeds would be targeted to the Health Services Account. Credits would be allowed for taxes imposed by other jurisdictions. Amount of revenue likely to be generated was not available.
This bill passed the Committee on Health and Long-Term Care and was referred to the Senate Ways & Means Committee.

SB 6770 - IMPOSING A SALES TAX ON JUNK FOOD.
This bill attempts to address the health costs attributable to poor nutrition, create disincentives for poor eating habits, and provide a source of funding for public health. It would levy a new or additional tax on retail sales of candy and carbonated beverages, but would exempt items sold in vending machines (which are already taxed). The tax revenues would be deposited in the Health Services Account. Amount of revenue likely to be generated was not available.
This bill was referred to the Senate Ways & Means Committee.

6819 - AFFECTING THE STATE'S EXPENDITURE LIMITATIONS AND TO ADDRESS THE REVENUE SHORTFALL IN THE 2001-2003 BIENNIUM.
This bill permits revenue-raising actions (or revenue-neutral tax shifts) to be taken with a majority vote (not a super-majority) during the 2001-2003 biennium. It also provides that, during the 2001-2003 biennium, the legislature may transfer moneys from the emergency reserve fund to the general fund with a majority vote.
This bill was referred to the Senate Ways & Means Committee.

WELFARE

HB 1144 - MODIFYING GOOD CAUSE REASONS FOR FAILURE TO PARTICIPATE IN WORKFIRST.
Originally, WorkFirst rules permitted a new mother to stay at home with her new baby for the first 12 months of the baby's life. Two years ago the legislature changed the policy and required new mothers to go to work or enter the WorkFirst job search program as soon as her infant reached three months of age.

This bill would restore the 12-month exemption for mothers on TANF (not six months as reported last week.). It would foster the mother-child bond, and - because infant care is very costly -- it would also save millions of dollars in childcare costs.
This bill passed the House. It is now before the Senate Human Services & Corrections Committee, where it is eligible for a Public Hearing at any time.

SHB 2534 - GAINING INDEPENDENCE FOR FAMILIES Through Education.
This bill would create a new financial aid program to enable low-income parents to attend college (technical, community or four-year) full-time. Aid provided under this bill would not supplant or count against other forms of assistance. This bill is a top priority for welfare advocates.
This bill has passed the House with a vote of 98-0. That unanimous vote may reflect the fact that the bill was amended to restrict funding for this program to private sources. (Some legislators wish to extend this restriction against using state funds into future years. A number of bills reflect the current deficit crisis by including time limits, or finding ways to enact a principle without incurring immediate costs. This appears to go a step farther - attempting to tie the hands of future legislators so they could not assist needy parents even if the economy is once again robust.)

SHB 2578 - PROVIDING CASE MANAGEMENT AND OTHER SERVICES TO WORKFIRST RECIPIENTS.
This bill allows DSHS to engage in competitive contracting for all WorkFirst services, including case management.
A Substitute version of this bill DIED.

Budget Items.
The "Welfare Box" has a $50-60 million short-fall. Everything from Resource & Referral and Legal services to training for child care providers will be affected, as will everyone from working community college students to struggling-first-job parents and all the businesses hiring workers at low wages. Many activities that help families move from welfare to work are now in jeopardy. Among them are:
-- education and training at community and technical colleges ($7.5 million) ;
-- TANF Substance Abuse treatment funds ($4 million) are slated to be cut as part of the Governor's effort to deal with the $50-60 million short-fall in the "welfare box." Since these funds are entirely under the Governor's control, these cuts may be a done deal. However, these are just about all of the current funds used to treat parents in TANF families before they lose their eligibility at the end of 5 years.
-- savings from lowering eligibility for childcare subsidies from the 225 percent of the federal poverty level ($32,917/year/family of 3) to 200 percent $29,260/year/family of 3). The change will affect about 1,000 families, 5 percent of all families receiving the subsidy.
-- increasing co-pays for subsidized child care by $5 per month/per child (co-pays will range from $15/month/child to approximately $300
per month, depending on income).

SSI STATE SUPPLEMENT - low-income individuals who are old, and/or have mental or physical disabilities, and are unemployable - but have too little work history to qualify for federal Social Security Disability benefits - get SSI - Supplemental Security Income benefits of about $500/month for all their living expenses. The state of Washington provides an additional supplement of $5 - 50/month - an amount that often makes the difference between being able to pay rent or being homeless, being able to pay for medication or remain in pain. That state supplement is marked for elimination in the Governor's proposed budget, for a "savings" of $30.9 million (though Federal law may not permit the change). Advocates for low-income adults argue it would be a false savings, because of predictable higher costs in shelter/hospital/institutional and other emergency needs.

GENERAL ASSISTANCE UNEMPLOYABLE - GAU. GAU assists 18,000 adults with mental and physical disabilities who receive a $339 a month cash grant and medical coverage. Advocates fear the growing deficit puts GAU increasingly at risk of cuts or elimination, and that in turn would lead to increased homelessness,
hospital emergency room use, and mental health crises.

MISCELLANEOUS

SB 5833 - PERMITTING LEGISLATIVE HEARINGS ON
INITIATIVES AND REFERENDUMS.
This is one of several bills intended to provide voters with better, clearer information about proposed initiatives. It would permit public hearings in each of the state's nine Congressional Districts. Information would be provided at the hearings and on the Secretams are expected to report "outcomes" when given public funds for a particular purpose, this bill would require that any for-profit business receiving a business incentive (i.e., tax break) report each year on the type and amount of business incentive received and the projected and actual jobs created together with the hourly wages paid. That information would then be reported to the appro-priate committees of the Legislature by September 1 of each year.
Both bills are DEAD.

SHB 2540/ SB 6403 - AUTHORIZING COLLECTIVE BARGAINING FOR UW EMPLOYEES ENROLLED IN ACADEMIC PROGRAMS.
The Senate bill is DEAD.
A Substitute version of the House bill passed the House by a vote of 53-44. It is now before the Senate Committee on Labor, Commerce & Financial Institutions, which already has 28 items scheduled for action during Week Seven. It will have a hard time being heard before the cut-off.

HB 2717/ SB 6637 - REQUIRING FINANCIAL DISCLOSURE BY BALLOT MEASURE SPONSORS.
This is a Tim Eyman legacy bill. Under existing law initiative sponsors do not need to file financial disclosure statements with the Public Disclosure Commission. This bill would require initiative sponsors to make public their personal finances just like candidates for public office do.
The House bill is DEAD.
The Senate bill passed by a largely party-line vote of 27-20.
On Thursday, 2/28 at 8:00 am it will get a Public Hearing before the House Committee on State Government, in House Hearing Room D of the J. L. O'Brien Building.

SB 6571 - PROVIDING FISCAL IMPACT STATEMENTS FOR BALLOT MEASURES.
This bill is also a reaction to citizen-passed initiatives that require spending or curtail revenues, on the basis of often inadequate or inaccurate information about the consequences. Fiscal notes are already prepared by the Office of Financial Management (OFM) when requested to do so on bills during the legislative session; this bill would provide that same service whenever voters are asked to act as legislators, i.e., when deciding ballot measures or referenda. This bill assumes that voters should know the budget consequences of the votes they cast on Initiatives and other ballot measures.
This bill passed the Senate by a vote of 30-18.
On Thursday, 2/28 at 8:00 am it will get a Public Hearing before the House Committee on State Government, in House Hearing Room D of the J. L. O'Brien Building.

Other government-process bills would:
-- Authorize Public Financing of Local Political Campaigns (HB 2030) - it appears to have died in Committee, and
-- Change the Date on which Primary Elections are held in Washington (SHB 1230) - it is now before the Rules Committee.

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