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Welcome to Policy Watch 2002

WEEK 7

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 SEVEN IN OLYMPIA

The Regular Session is due to end on March 14, 2002.

Next Week: Monday the action is in the Fiscal Committees of both the House of Representatives & the Senate. Tuesday on the action is back on the Floors of the House and Senate.


THE CONTEXT
Lest anyone thought the budget news could not get any worse, it has.

From the beginning it has been clear that there are three ways to solve the deficit crisis: (a) find new revenues, (b) cut spending, or (c) agree on some combination of the two.

The legislative session began with a $1.25 billion deficit; now the deficit is somewhere between $1.6 - $2 billion. Even that is not the whole story, because roughly half the state's $11.4 billion annual General Fund Budget is not available for cuts. Eight percent represents debt and other obligations which cannot be avoided; 42% is for public schools - and the courts (plus the politics of cutting education) have ruled most of that untouchable.

Early in the session it appeared as though the final product would be some version of Plan C. New taxes were always unlikely, because those would require a two-thirds vote -- something very hard to get in an election year - but expanding or increasing an existing tax was considered possible with just a simple majority. Now it appears that some legislators intend to insist that any revenue actions (e.g., increasing an existing tax, closing a tax loophole) would require that same supermajority vote of two-thirds.

If the whole $1.6 billion (or more) is met through cuts in existing benefits, programs, and jobs, the pain will be terrible. With so much of the budget off-limits to cuts, legislators would have to cut $1.6 billion (or more) in spending out of roughly $6 billion - money that now pays for protecting children, frail ill people, old people, prisoners, the environment, our public health, our way of life.

We react in horror when animals or children are neglected or abused; we recoil at the stories of Eli Creekmore, Linda David, a mentally ill veteran living under some freeway, a violent prisoner who escapes, people on waiting lists for drug treatment or food. A budget built on $1.6 billion worth of cuts in state spending will multiply their stories. Guaranteed.

Citizen Reaction
Judging from the headlines and letters-to-the-editor columns, voters are quick to say what they don't want cut and don't want to pay, but not the reverse. Following are some of the citizen preferences reflected in recent news items.

Don't cut: public education, higher education, state parks, nursing homes, childrens' programs, home care, construction, health care, police, public safety, public health, transportation, child care, salmon protection, courts, toxic cleanup, the state library, the state film office, medical interpreter services, state jobs....

Do cut: state jobs, state travel, inefficiency, Seattle sport stadiums, defending law suits, housing sex offenders, state travel, cost-of-living increases, legislators' salaries, business taxes, property taxes, sales taxes, my taxes.

Do not raise: college tuition, health co-pays, gas taxes, any taxes, my taxes.

Other suggestions: A few people have proposed increased "sin taxes" and more than a few have urged raising someone else's taxes. One fellow called "Ask the Governor" to propose we offer to take the nuclear waste that Nevada doesn't want, put it at Hanford, and charge the federal government big rent for storing it. (The Governor seemed momentarily nonplused, but recovered to point out that we already have a waste disposal problem at Hanford, it might endanger the whole Columbia River basin to add more, and besides, Hanford is a federal facility - so we would not be able to charge rent.) Another wanted to eliminate all state employees earning over $100,000 - until he learned that would chiefly affect athletic coaches and medical school professors.

Careful readers will note the difficulty. Even if they wanted to, lawmakers cannot simultaneously do all of the above.


Start Making A List.
So, dear reader, what are you willing to pay more for? What would you help sustain? At the risk of being more personal than usual, here is my beginning list. (It seems only fair to go first, when asking others what they would pay or do.)

I would willingly pay more than my current car tabs. A few years ago the Motor Vehicle Excise Tax was providing $775 million/year for public health departments, county sheriffs, and aid to our poorer counties. Those who felt the old assessment was outdated and unfair may have a point; they should quickly develop an up-to-date, fair assessment, and ask all of us vehicle owners to pay. Even if the result only brought in half as much as the old system, that would do a lot for the County Health Departments and public safety personnel we are counting on to protect us in this war-against-terrorism-world.

I am willing to pay more for gas. Across the state we complain about traffic/roads/ferries/transit/transport. Doing something about the reasons for those complaints will cost money. Meanwhile, in many parts of the state we are filling our tanks at 99 cents a gallon. A few cents more per gallon is eminently reasonable.

At $14 million/year, extending the sales tax to candy and gum could preserve about half-a-dozen programs that prevent child abuse or child neglect, and help troubled families (e.g., public health nurses, family reconciliation, community networks). As an admitted chocoholic, I would be directly affected, but this is a tax I would willingly pay.

Back in 1994, Washington citizens voted to send the tax on soda pop syrup into something called the VRDE Account (Violence Reduction and Drug Enforcement). That fund pays for assistance to sexual assault and other crime victims, and for drug/alcohol treatment. Thus it is not far-fetched to consider adding a penny to the cost of a 12 ounce soda, which would generate nearly $30 million/year. That could pay for all of the drug/alcohol treatment currently on the chopping block ($16 million), Medical Interpreter Services ($5 million/year), Legal Services for low-income people ($5 million), and avoid cuts in Head Start, ECEAP, emergency food, and shelter ($4.1). I like soda, and would willingly pay that.

Cable TV is not a necessity, but extending the sales tax to it would generate nearly $33 million/year, and provide basic necessities and mental health services for others. E.g., GAU (General Assistance for the Unemployable) helps pay for food and rent for18,000 mentally and physically disabled adults who are unemployable, at a cost to the state of $23 million/year. If it is eliminated, as some are proposing, they will likely become homeless. Similarly, some $10 million in desperately needed mental health services and therapeutic child care are at risk - they could also be covered by this same sales tax extension. That seems a fair trade: thousands of troubled lives vs a tax on cable tv.

There would be a certain logic in raising the tax on a six-pack of beer, a bottle of wine, or a fifth of liquor -- and using the resulting revenues to sustain some of the treatment programs for people struggle with alcoholism. Raising the price of alcohol would bring some additional benefits: less binge drinking, less domestic violence with alcohol as a contributing factor, fewer traffic fatalities, less alcohol-related ill-health. As someone who buys both wine and beer, I would be paying the higher tax... and I am willing.

Here in Washington our state and local tax burden falls somewhere in the middle when comparing state tax systems (not near the top, as some have claimed). We are not among the highest-taxed states, but our system is among the least fair. That is in large measure because we depend so heavily on sales and property taxes, along with a variety of fees. Under normal circumstances, I would not support anything that added to the unfairness of our system - like adding to the sales tax or adopting a flat tax.

But these are not normal circumstances, and the stakes for many of our neighbors and communities is high. So, after much soul-searching, I have two more tax changes on my list.

I would be willing to support a temporary increase in the sales tax, along the lines suggested by Senator Jim Hargrove in his "Freedom Surcharge." He estimates that one-tenth of one percent increase will bring in nearly $100 million in new revenue. His proposal is to do that for a limited period of 12 months.

In addition, in the current crisis I support the 1% flat tax proposed by Senator Pat Thibaudeau to pay for health care. I would prefer a progressive income tax to any flat tax. But there are constitutional restrictions which make it impossible to pass any progressive income tax quickly. However a flat tax can be passed with a simple majority vote by the legislature. In this case the tax would be based on one's federal Adjusted Gross Income, and thus easy to calculate. The bill only generates about $1.5 million/year because the Senator exempts a generous $100,000. That would not affect me, but a variation with a lower rate that applied to more households might, and I would support that.


Something Each of Us Can Do.
Decide which - if any -- sources of new revenue sound fair to you, that you would be willing to pay, and send the result to your legislators. In developing your own list, you can consult the Department of Revenues "Estimated Impact of Revenue Alternatives," or their Revenue Research Report titled, "Tax Exemptions 2000." Or you could start with the options mentioned in last week's POLICY WATCH.

You could do a version of what a retired physician and his wife recently did. They sent a "two part letter" to their Senator and Representatives. Part one was brief: it said, Thank You. We know this is a difficult year, and we are asking you to make difficult choices. We know you are putting in long hours. We appreciate it.

Part Two said: Tax us. We're for gas taxes, luxury taxes, and "sin" taxes. If casino and other gambling taxes are still on the table, include them. And yes, we think the main source of governmental funding that is not now appropriately taxed is the wealth of us at the top. As far as we know and understand the best way to get at that is with an income tax that is progressive and cleansed of loopholes....

Join that couple; whatever they are, express your views. Legislators want to hear from the people in their Districts - especially when hard choices are at hand, and an election looms just around the corner. One state Senator penned a personal note at the bottom of his letters last week, expressing appreciation for the chance to hear from a constituent and practically begging his correspondent to urge other voters to communicate. In a democracy it isn't enough to complain to one another, to radio call-in shows, or letters-to-the-editor; in a representative democracy it is our job to tell our elected officials how we wish to be represented.

---------------------------------------------------------

SNAPSHOTS FROM WEEK SIX

** Visitors to the Capitol on Wednesday found themselves in the midst of a massive Asian/Pacific Islander Day, including roughly 1,000 A/PI senior citizens - many of whom came from countries where events like this would be impossible. According to someone who just happened upon the event, "it was great... they were everywhere: filling the hallways, the elevators, the stairs... a real presence that could not be ignored."

** Speaking in support of one of this Session's many terrorism bills (a category that has some civil libertarians nervous) was an attorney who now works for the Governor. He reminded the Committee that twenty years ago he appeared before the same committee - on behalf of the ACLU.

** More than legislation was being considered this week. At 10:55 am on September 28, a Committee Chair interrupted the proceedings to remind everyone that one year ago at precisely the same time, the earthquake struck.

** He wasn't the only one with the earthquake on his mind. New earthquake art is appearing: this time in the form of a duck artfully drawn around a gaping crack in one wall.

** In these tight budget times, it helps to be able to demonstrate that something is a good investment. That's why supporters of the state's "community health & safety networks" presented legislators with a mock "check" for $30 million - the amount generated by the state's $6 million investment in the networks. A return of $5.00 for every $1.00 invested ... not bad.

** Attempts to change the vote on local school levies from a super-
majority to a simple 51% majority failed in the House by one vote. One absent Representative claimed he missed the critical vote because of a "family emergency." However, fellow legislators spotted him in the parking lot shortly after the vote. His hometown paper has dubbed this a (more serious) new version of "where's Waldo."

** Despite citizen cries for more input in Olympia decisions-making, 18 Town Hall meetings (most with multiple legislators present) across the state last weekend were less-than-overwhelmed by citizens. Most had about 20 or fewer citizens attending, three had 50-60; only one -- with Rep. Val Ogden from the Vancouver area - attracted about 100.

** Gender Watch. Just before Floor Action, the legislature commonly invites a faith community leader to offer an invocation. Of approximately 23 invited so far, nineteen have been men, four have been women.


The BUDGET.

The much-awaited Senate version of the Budget is expected "early" next week - probably Tuesday. Hearings in the Senate Ways & Means Committee should follow immediately.

The House version of the budget should appear at the end of the week; hearings in the Appropriations Committee will follow.

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.

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.

Bills that appear to be DEAD are continued in PW for one week, then deleted. From this point on, if one version of a bill dies, that will be eliminated from the heading for the bill - leaving the "alive" bill. As a result, every POLICY WATCH will be shorter than the one before it.

If a bill you care about is listed as "before the Rules Committee..." or "on the Floor..." contact your legislators to tell them how you feel about it. Time is running out.

 

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.


EHB 2444/ ESSB 6289 - SPECIFIES QUALIFICATIONS FOR ADULT FAMILY HOME PROVIDERS AND RESIDENT MANAGERS.
A Substitute version of the Senate Bill passed the Senate.
The House Bill passed the House. Both bills appear DEAD.

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."


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 lost again next year - before the Governor's proposed $2.1 million cut.

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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.
A substitute version of the Senate bill passed the Senate. It is now before the House Rules Committee, waiting to be scheduled for Floor Action.

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, stpassed the House. It appears to have died in 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.
A Substitute version of this bill passed the House 98-0. As passed by the House, the bill includes a pilot in two school districts which would implement the policy of retaining foster children in their
original school. It passed out of the Human Services and Corrections Committee on 2/28. It is before the Senate Rules Committee, where it is waiting to be scheduled for Floor Action.

ESB 6709 - ADDRESSING SERVICE AND EDUCATION PLANNING FOR CHILDREN 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.
It emerged from Committee nearly identical to HB 2356, including a pilot project. This bill is now before the House Rules Committee, waiting to be scheduled for Floor Action.

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, but DIED in the Senate.

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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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 - 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.
It passed the Senate Education Committee without harmful amendments, and is now before the Senate Rules Committee, to be scheduled for Floor Action. Supporters are concerned about possible Floor amendments that would weaken the bill.

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 DIED in the Senate.

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 appears to have DIED in the Senate Judiciary Committee.

ESHB 2505 - 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 (SB 6451) DIED.
A Substitute version of the House bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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 appears to have DIED in the Senate.

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.
This bill is before the House Rules Committee, waiting to be scheduled for Floor Action.

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

SHB 1640 - PROVIDING FOR EXPANDED EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH DISABILITIES
A Substitute version of this bill passed the House. It appears to have DIED in the Senate Committee on Labor, Commerce & Financial Institutions.

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.
Both bills appear to have DIED.

HB 2969 - THE TRANSPORTATION IMPROVEMENT BILL. This bill includes more revenue for buses and paratransit serving people with disabilities. It will get an unusual Public Hearing before the Senate Committee on Transportation on Saturday, March 2. It concerns a proposed $580 million for transit over ten years. Advocates are concerned that the Senate may try to shift revenue from transit to roads. See note below under Budget Items

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 compo-nent 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. Some legislators want to consider all DD bills as part of a whole, and then consider their impact on the budget. Consequently, it may yet pass as part of the final budget. If not, advocates will be back with some version next year.
A Substitute version of this bill is being held in the House Appropriations Committee - as possibly "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. Some observers believe the House bill will be attached to the budget. It will have the support of disability advocates - so long as parent participation is required for all out-of-home services for children (including institutions).
Both bills appeared 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, but some form of it may survive in the budget.
A Substitute version of this bill is being held in the Senate Ways & Means Committee, and may be deemed "necessary for the budget."


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 are 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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill is now before the House Rules Committee, waiting to be scheduled for Floor Action.

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.
The House bill (HB 2431) 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. It was also the subject of a massive misinformation campaign by the pharmaceutical industry, that was designed to frighten people of color into opposing the bill.
The Senate bill is now before the House Appropriations Committee, where it must be acted on by the end of March 4.
NOTE: The expected savings from this bill is estimated at $200 million annually in the upcoming biennium, without causing harm to patients. More important, supporters argue that these savings can be used to protect other human services programs.

HB 2461- 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 Senate bill (SB 6716) died.
The status of the House 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.

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.
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 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 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 is before the House Rules Committee, waiting to be scheduled for Floor Action.

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.
It is now before the Senate Ways & Means Committee, where it must be acted on by March 4, or die.


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 appears DEAD.

HB 2448/ SB 6425 - AUTHORIZING ACCESS TO SCHOOL MEAL PROGRAMS AND KITCHEN FACILITIES.
This bill is concerned with access by catering groups.
The House bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill is before the House Rules Committee, waiting to be scheduled for Floor Action.

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 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 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 is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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 is now before the Senate Ways & Means Committee, where it must be acted on by March 4, or die.

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

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, 2/28 this bill was voted out of the House Health Care Committee. This bill has been significantly changed. In its current form it creates a Mental Health Ombudsman independent of the Regional Support Networks, and - it is hoped - more responsive to consumers. There is a small fiscal impact, which is why it has been sent to the House Appropriations Committee, where it faces the March 4 cut-off for bills to get out of Fiscal Committees.

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. However, concerns have been raised about problems related to implementation of this bill, and a possible conflict with an "involuntary Commitment" law passed last year - with a different process and requirements.
Both bills appear DEAD.

SB 6469 - AUTHORIZING RELEASE OF MENTAL HEALTH SERVICES INFORMATION TO DEPT. OF CORRECTIONS.
The House bill (HB 2476) is DEAD.
The Senate bill is before the House Rules Committee, waiting to be scheduled for Floor Action.


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.
Budget writers are looking for alternative ways to realize some savings but without causing so much harm.

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 - 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 (SB 5189) DIED.
The House bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.

SHB 2381-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.
The Senate bill (SSB 6407) died in the House.

A Substitute version of the House bill (check the bill for changes) passed the House.
The House bill is before the Senate Rules Committee, where it is waiting to be scheduled for Floor Action.

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 is before the House Rules Committee, waiting to be scheduled for Floor Action.

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 (SHB 2690) bill DIED.
A Substitute version of the Senate bill is before the House Rules Committee, waiting to be scheduled for Floor Action.

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.
Both bills appear DEAD.

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 passed out of the Senate Judiciary Committee on 2/28, with an increase in the amount going community-based treatment, and an extra 10% going for transportation and child care related to outpatient treatment in drug court.
The bill is now before the Senate Ways & Means Committee, where it must be acted on by March 4. However that is likely, since the bill saves $100,000 for the supplemental budget in '03 , and $600,000 in '04.

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 is now before the House Rules Committee, waiting to be scheduled for Floor Action.

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. It would raise an estimated $3 million for the biennium. 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. To supporters, it represents a time-limited way (good for this session only) to give the legislature increased flexibility as it works to meet the current deficit crisis.
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 is before the Senate Rules Committee, waiting to be scheduled for Floor Action.

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.)
It was referred to the Senate Higher Education Committee, but its fate was not known as of this writing. It appears dead.


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.
-- TANF Substance Abuse Treatment ($2.5 million) -there is a second source of funding for TANF recipients, under DASA, the Division of Alcohol and Substance Abuse.
-- 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 Secretary of State's web site. This bill passed the Senate by a vote of 33-16.
This bill is DEAD.

SHB 2540/ SB 6403 - AUTHORIZING COLLECTIVE BARGAINING FOR UW EMPLOYEES ENROLLED IN ACADEMIC PROGRAMS.
Both bills appear DEAD.

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.
Both bills appear DEAD.

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 appears DEAD.

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