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Welcome to Policy Watch 2003

WEEK 2

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


THE SCENE


So far the Capitol Campus is not very crowded, and the mood is still pretty relaxed. Citizens dropping in for the first time will find that the corridors are not packed, there are empty seats in the Committee Hearing Rooms, and it is still relatively easy to just pop in and see legislators or talk with staff people.

That will change as the Session moves toward a cut-off date (when action on bills comes to a critical point), or mid-March (when additional versions of the budget start to appear). But people who've come to Olympia in the past know that this is a specially good time for citizens to visit.

It may seem like plain old common sense, but much of what we know as "lobbying" is just human relations. People - including elected officials -- are easier to talk to when they aren't under too much stress. Right now the Session is young enough that legislators have a little more time to listen; positions have not yet hardened; final decisions are still a few weeks away; and the flood of calls/emails/visits/letters has just begun.

Plus, "lobbying" is all about relationships. In our system, everyone who votes wields power. But you can become more powerful if your legislators know you, have learned that they can trust what you tell them, and if they know you speak for more than just yourself. Ask yourself how you would feel if you were asked to make critical decisions affecting the lives of everyone in the state…, by people you'd only just met…, whose information was entirely new to you… and who were asking for something tailored only to their individual circumstances. It is much easier for legislators to weigh our requests when they know us, the organizations we are associated with, and know our information is credible.

Those who do take the trouble to come to Olympia and get to know their legislators quickly learn that the constituent - the voter from a legislator's district - is king. One group of people new to the Capitol learned that first hand. During a meeting with their Representative, he got a call from someone on the Speaker's staff. Ask her to hold, he told his aide, "…explain that I'm with constituents… she'll understand they come first."

Ask elected officials which is more important to them - money? Or votes? You'll quickly learn the answer is, "Votes." And the explanation is always the same: candidates for office can always go outside of their legislative district for money, but they can never go outside of the District for votes. Ultimately, it is the people who vote in their District who determine whether they keep or lose their office.
As any politician will tell you - that's POWER.


THE PROCESS - Committees
Even in Week Two it was clear that the process is shifting into a different gear. The number of Committees devoting their time to "Work Sessions" is gradually giving way to schedules that are devoted increasingly to "Public Hearings." Public Hearings are an important part of the process.

Any group of 98 people (the House of Representatives) or even 49 (the Senate), is too big for detail work. That's why every legislative body quickly divides itself into Committees - which is where most of the work of policy-making goes on.

The House of Representatives spreads out the work among 20 Committees, the Senate among 17, and each Legislator is assigned to serve on about 3 committees. House Committees may have just 9 or 11 members; many Senate Committees are as small as 5 or 7. And it only takes a vote of 51% of a Committee's members to start - or stop - action on a bill.

Most of them are known as POLICY COMMITTEES, with responsibility for a specific kind of policy. So there are Committees that focus on Health, Education, Agriculture, Commerce, or Transportation. It is their job to decide whether a bill is a good idea from a policy standpoint - and if so, how the policy should be drawn.

A few Committees are known as FISCAL COMMITTEES because they deal with decisions about how to raise and allocate revenues to support state activities. In the House these responsibilities fall to a Finance Committee and an Appropriations Committee, and in the Senate the responsibility is combined under a Ways & Means Committee. It is their job to decide whether - and to what degree - we can afford the many good ideas that get discussed in the Policy Committees. They are sometimes known as the "check writing" committees, and this time of year, they also design a budget for the members of their chamber.

Bills that win a 51% (or more) vote from a Policy Committee and also from a Fiscal Committee, must pass through one more Committee: the Rules Committee. House and Senate each have one of these "gatekeeper" committees, with the power to decide which bills will go out to the Floor of the Full House, and which bills will go out to the Floor of the Full Senate … and in what order.


COMMITTEE HEARINGS


Before deciding how a policy should be set, the various Policy Committees want to hear the advice of others. So they devote much of every day to Public Hearings on the bills referred to them. Most days there are four blocks of time set aside for hearings: 8:00 - 10:00, 10:00 - Noon, 1:30 - 3:30, and 3:30 - 5:30. Mondays and Fridays are a bit lighter - to accommodate the members travelling to or from their homes, but on Wednesdays one hearing starts at 6:00 pm. Since most Committees meet three times every week, legislators devote long hours to listening.

These Public Hearings are just what the name implies: times when they hear from a wide range of people. Often the witnesses include people from the state agency most likely to be given responsibility for implementing any policy, and occasionally they will invite an expert witness to testify.

But anyone can attend and have an opportunity to speak. On a table near the entrance, there is always a table with copies of everything to be considered at that hearing - bills, brief fact sheets, sometimes reports or Executive Summaries - alongside SIGN-IN Sheets. Anyone can fill in their name, organization (if they have one), address and phone contact (if they wish to leave it), and a check mark to indicate a desire to testify. That sheet is handed to the Committee Chair, who then reads off in order the names of the people who checked the column headed "Wish to Testify." If there are a lot of potential witnesses, the Chair will set a time limit of 3 or 4 minutes per person; if few people have signed up, each witness may get 5 or 10 minutes.

Witnesses simply stand up when their name is called, and come to the front to sit at a witness table facing the Committee members. Sometimes they step forward with 3 or 4 people to provide a panel to discuss several aspects of a bill. And it helps if they are able to mention things that relate to the Legislative Districts of the legislators on the Committee (legislators tend to be most interested in the way a bill affects THEIR district and THEIR voters). Some witnesses are polished and experienced, but many are not; some find the experience of relating personal experience so stressful they just start to cry.


At one Public Hearing on a bill concerning when clergy must report instances of abuse or neglect, people walked up from the audience to tell their own experiences - whether as victims of clergy abuse, or as members of religious organizations.

Another Public Hearing - on educational stability for children in foster care - heard from educators and child welfare professionals, and also from a young woman who had been in 15 different schools during her years in foster care. She is precisely what that particular bill is all about.

NOTE: All of the Public Hearings listed in POLICY WATCH are open to the public, so if you spot one that interests you, on a bill that might affect you or someone you care about, become part of the process. Attend the Hearing; testify if you feel able to; if you cannot attend, send a written statement to the Committee Chair to distribute to the members of the Committee.


BRIEF SNAPSHOTS FROM WEEK TWO

** There may be fewer bills introduced, and a slower pace this year, but the House of Representatives already acted on one no-budget item. They passed a House Resolution recognizing the 4-H "Canine Good Citizen" program for promoting responsible dog ownership and honoring dogs who are "Good Citizens" within their communities.

** With an election just behind them, many members are introducing bills for one or another aspect of government reform - including changes in the way the Initiative process works.

** Citizen groups were much in evidence again this week… everyone from both sides of the abortion issue to people from Motorcycle clubs. The Motorcycle club members were interested in bills related to helmets, insurance, and including safe cycle-riding in high school driver education classes. A few of them arrived for a lobbying visit with their Senator only to learn he had to rush to another meeting… so they lobbied him right there in the corridor - and burst into applause when he said he'd support their bill.

** One contingent included a college student concerned about protecting civil liberties in these tense times. She was wearing a bright yellow tag announcing her issue when a legislator spotted it… stopped to share some strong feelings on the subject… and urged her to stay in touch so they could work together on the issue.

** More on the notion "…there is no political will for tax increases:" some visitors to the Capitol wore "money green" name tags urging legislators to "Make REVENUES part of the answer," and "Cuts are not the only answer - Consider REVENUES."

** The ARC of Washington found a vivid way to relate the size of the deficit to individual incomes. They estimate that "…it would take more than 380,000 years of one person's SSI (Supplemental Security Income) checks" to pay off the deficit.

** A key budget-writer in the House - Rep. Helen Sommers, who Chairs the Appropriations Committee - was on the receiving end of some gifts this week. One was a piggy bank full of change raised by her colleagues (just to show their willingness to help fill the deficit)… another was a potted plant, aptly known as a "money tree."

** Gender Watch: The percent of women in our state legislature has declined - it was over 40% last Session and now is down to 37%.


Brief Note: We have given our legislators a very tough job this year - solving a $2.4 billion deficit -- emphasis on the "we." A majority of those voting ("We") voted for initiatives that cost money - without saying how they should be paid for; we voted for initiatives that take money out of the state treasury - without saying what should be cut.

Now we need to be active in two critical ways: by being informed about the options before them, and then by letting our elected officials know which of the options seems best for us as a community.

It helps to remember that being a citizen is not the same as being a consumer. Consumers look for the best bargain, for what best suits them as individuals; Citizens look for what is best for the whole community - and then assume their share of responsibility for how to pay for it.

The BUDGET process in brief.

In December, the Governor sent the legislature a budget that does not contain any new revenues, as required ("Book One").
He has not exercised the option of sending the legislature a second budget ("Book Two") including revenues.

In mid-March there will be new Revenue Forecasts.
Soon after, the House Appropriations Committee budget will appear.. By late March, there will also be a Senate version.
By late April, the Legislature must agree on one budget that deals with a $2.4 billion deficit in a $23 billion general fund budget.
Writing this biennial budget for the years 2003-2005 is the chief task of the Session; the large budget deficit is dominating everything.

Our state requires that the budget be balanced. To accomplish that, our Governor, state Legislators, and we have three choices. We can: * do it all through cuts in spending (as the Governor has proposed), * raise additional revenues, or
* agree on some combination of the two.
The Governor's approach to solving the budget crisis is available on the Office of Financial Management website: www.ofm.wa.gov/. Now it is the Legislature's turn.


SOME CUTS IN GOVERNOR'S BUDGET

Health Care approximately $ 1,000 million
Suspend next steps in education initiatives $450 million
Health coverage for 60,000 low-wage workers $328 million
Social Services $215 million
Prisons $119 million
Eliminate 2,500 state jobs $100 million
Higher Education $ 94 million
Community Mental Health $ 60 million
Childrens' Services $ 60 million
End General Assistance for Unemployable adults $ 40 million
(For details of the budget proposals for issues you care about, contact the relevant advocacy group listed in Part I.)

Many programs would be eliminated entirely, state employees would see their co-pays raised while vendors who carry out state contracts would get slight (or no) cost-of-living increases. Hundreds of state activities would be reduced. 2,500 state jobs would be eliminated.

By contacting our 1 Senator and 2 Representatives, we get to influence everything about the budget: what is funded, what is cut, and whether the deficit will be resolved just by cuts or by a combination of revenues and cuts. With our help, the Legislature must decide which elements of the Governor's plan it wishes to accept, which to reject, or whether to start over from scratch.

SOME BUDGET-RELATED SESSIONS IN WEEK THREE

On Monday, 1/27 at 3:30 pm, the HOUSE APPROPRIATIONS COMMITTEE will hold a Public Hearing on the Home Healthcare Workers' Contract. House Hearing Room A - O'Brien Building.

On Wednesday, 1/29, at 8:00 am, the HOUSE CAPITAL BUDGET COMMITTEE will devote part of its time to the Division of Developmental Disabilities Residential Habilitation Centers Capital Study. House Hearing Room B - O'Brien Building.

On Wednesday, 1/29, at 3:30 pm, the HOUSE APPROPRIATIONS COMMITTEE will hold a Work Session on the Health Services Account, the Basic Health Plan, and Economic Services. House Hearing Room A - O'Brien Building.

On Wednesday, 1/29 at 8:00 a.m, the SENATE CHILDREN & FAMILY SERVICES & CORRECTIONS COMMITTEE will hold a Work Session on the implications of the Human Services part of the budget. Senate Hearing Room 4, Cherberg building.

On Wednesday, 1/29, at 3:30 pm, the SENATE WAYS & MEANS COMMITTEEE, will conduct a Work Session on Sentencing and supervision alternatives for adult and juvenile offenders. Senate Hearing Room 4 - Cherberg Building.

On Thursday, 1/30, at 3:30 pm, the SENATE WAYS & MEANS COMMITTEE will conduct a Work Session on the future of residential habilitation centers for the developmentally disabled. Senate Hearing Room 4 - Cherberg Building.

NOTE: the Senate Ways & Means Committee has not yet scheduled any Public Hearings on the Governor's proposed 2003-2005 budget (only Work Sessions that do not include testimony from the public).

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.

 


 

AGING/LONG-TERM CARE

HB 1071/SB 5002 - PROVIDING PROPERTY TAX RELIEF. This is one of several bills to provide tax relief for senior citizens and others retired because of physical disability. (HB 1029/SB 5034, HB 1044, and HB 1116 also deal with this issue. When an idea is popular, it is really popular.) The bills were referred to the House Finance Committee, and the Senate Ways & Means Committee.
On Thursday, 1/30 at 8:00 am, the House Bills (1029, 1044, 1071, and 1116) will be taken up in a Public Hearing before the House Finance Committee. House Hearing Room C, O'Brien Building.


HB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
This bill would establish the Medicaid Senior Prescription Drug Program, to promote access to affordable prescription drug coverage for low-income persons who lack the coverage and resources to purchase necessary prescription drugs. The program would not be considered to be an entitlement, and it is limited to 4 categories. Those: (1) age sixty-five and older; (2) whose family income does not exceed two hundred percent of the federal poverty level; (3) who do not otherwise have insurance that provides prescription drug coverage; and (4) who are eligible for Medicaid and the state's federal prescription drug waiver program. The bill is intended to increase consumer understanding and reduce health care spending. This is a Substitute bill.

Similar bills were considered last year but did not pass; this year it moved quickly. Significant changes this year include: a public-private governing structure instead of an agency-controlled board, and private plans and individual participants will be accepted sooner.
On Thursday, 1/23, the House Health Care Committee adopted amendments to the bill and passed it out of Committee by a 9-3 vote.
This bill goes next to the House Appropriations Committee, where it will receive a fiscal note.

HB 1215 - PROVIDES PENALTIES FOR ACTS OF FRAUD COMMITTED AGAINST ELDERLY PERSONS.
Penalties under this bill would be up to ten thousand dollars for a felony offense and up to five thousand dollars for a non-felony offense. Fifty percent of the money collected would be deposited in the violence reduction and drug enforcement account, and fifty percent to be used for the crime victim's compensation program.
Referred to the Committee on Criminal Justice & Corrections.

Budget Items.
The Governor would eliminate vendor rate increases (includes those providing long-term care) and an anticipated home care worker pay increase.

The Long-Term Care Ombudsman would be eliminated.

The Governor would also cut funding for nursing homes by $34.6 million in state funds ($69.6 million when matching funds are included).

HIV/AIDS funding for AIDS drugs, care, and prevention is at risk.

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. The move is supported by HIV/AIDS advocates.


CHILDREN'S ISSUES

On Monday 1/27 at 1:30 pm, there will be a Joint Work Session for the House Children & Family Services Committee, together with the House Education Committee. House Hearing Room A, O'Brien Building.
Topics:
-Washington Kids Count
-Brain Development in Infants and Young Children
-Foundation for Early Learning
-Early Learning and Community Partnership Model in LaConner.

On Tuesday, 1/28 at 8:00 am, there will be a Work Session before the Senate Committee on Children & Family Services & Corrections. Senate Hearing Room 4, Cherberg Building.

Topics Include:
Institute for Public Policy on "Becca Bill" Truancy Provisions
Foster Care recruitment/retention
Foster Care Improvement plan
Children and Family Services Review.


Budget items

The Governor's Budget proposals include a total of $60 million in cuts in a variety of programs that offer prevention and/or early intervention for children at risk. A $9.6 million cut is achieved by "block granting" funds from many programs. Among the programs affected are:
-- the ALTERNATIVE RESPONSE SERVICES,
-- SPECIAL PROJECTS,
-- STREET YOUTH SERVICES
-- VICTIMS ASSISTANCE PROGRAMS
-- INDIAN CHILD WEELFARE CONTRACTS,
-- FAMILY RECONCILIATION SERVICES, and
-- PEDICATRIC INTERIM CARE for medically fragile infants.


CHILD WELFARE/CHILDRENS' SERVICES

HB 1040 - STATUTE OF LIMITATIONS ON CHILDHOOD SEXUAL ABUSE
This bill removes the statute of limitations for claims (or causes of action) based on intentional conduct brought by any person for recovery of damages for injury suffered as result of childhood sexual abuse. Under this proposal such claims could be brought at any time.
There was a Public Hearing on this bill in Week Two.
On Tuesday, 1/28 at 1:30 pm, the House Judiciary Committee may take up the bill in Executive Session (other possible dates are 1/30, or 1/31). House Hearing Room B, O'Brien Building.

HB 1054 - SPECIFYING CIRCUMSTANCES UNDER WHICH CLERGY MUST REPORT CHILD ABUSE OR NGELECT.
This bill adds clergy to the list of mandatory reporters of child abuse or neglect. An exemption is included in the legislation for confidential communication that occurs in the context of a confession, where the clergy is - under canon law or church doctrine or practice - bound to maintain the confidentiality of the confession.
A Public Hearing on the bill was held in Week Two before the House Children & Family Services Committee.

HB 1058 - CONCERNING EDUCATIONAL ATTAINMENT FOR FOSTER CHILDREN.
This bill attempts to improve educational stability for children in foster care. It would establish as state policy that whenever practical and in the best interest of the child, foster children are to remain in the same school upon entry into foster care. The bill also directs DSHS to work closely with the relevant school districts and the courts to ensure the necessary coordination.
A Public Hearing was held on the bill in Week Two, before the House Children & Family Services Committee

HB-1233-IMPROVING SERVICES FOR KINSHIP CAREGIVERS
This bill requires DSHS to increase the number of children placed with willing and able relatives, to establish a regional kinship care navigator position, to help kinship care providers to be identified as primary care givers for medical, educational and other care decisions, and establish an oversight committee and report. All of this would be achieved within existing resources.
On Thursday, 1/30, at 1:30 pm, there will be a Public Hearing on this bill before the House Children & Family Services Committee. House Hearing Room D, O'Brien Building.

HB1236 -PROVIDING PUBLIC ACCESS TO CHILD DEPENDANCY HEARINGS
This bill provides that the public shall not be excluded from child dependency hearings, unless the judge finds that excluding the public is in the best interests of the child.
On Wednesday, 1/29 at 8:00 am, there will be a Public Hearing on the bill before the House Children & Family Services Committee. House Hearing Room D, O'Brien Building.

SB 5038 - "FRIENDLY PARENT"
Like bills introduced last year, this bill would require the courts to consider which parent is more likely to encourage frequent contact with the other parent when making decisions about child custody. Advocates fear this may be used against victims of Domestic violence who are reluctant to permit frequent visitation and close contact with an abusive parent.
Referred to the Senate Judiciary Committee.

Future: In Week One, a Work Session of the Senate Children and Families Committee included panel presentations on the Kinship Care Work Group, and on Birth Family/Foster Family Connections. A bill is anticipated that will include one or more of the recommendations of the Kinship Care Work Group.

Budget Items.
In the Governor's Budget:
-- Foster Care Services are reduced by $17.8 million.
-- The Family Policy Council and Community Networks are eliminated.
-- Several programs will be combined with reduced total funding: e.g., Continuum of Care, Home Based Services, Child Protective/Child Welfare Services Child Care, Intensive Family Preservation.

-- Washington State Association of CASA/Gal (Court Appointed Special Advocates/Guardian Ad Litem) Programs. The Governor's budget would eliminate all funding for the Washington State CASA Program. The State CASA program works in conjunction with the thirty local CASA programs in Washington State which help children under the age of 12, who are in the legal system because of abuse or neglect. CASA provides a trained advocate to represent the best interest of that child. The State CASA Program helps raise public and private funds for the local programs, and it also encourages volunteer members to become advocates for children's issues, through their "Legislative Partner's" Program.


CIVIL RIGHTS/CIVIL LIBERTIES

HB 1079/ SB 5158 - TO EXPAND THE DEFINITION OF RESIDENT STUDETN FOR PURPOSES OF HIGHER EDUCATION.
This bill provides that any student who has complete high school or its equivalent in this state, and who has attended at least three years of high school in this state, and has filed (or will file) an application for permanent residency will be eligible for in-state tuition rates at institutions of higher education. The House bill was referred to the House Committee on Higher Education; the Senate bill was referred to the Senate Higher Education Committee.
On Monday, 1/27 at 1:30 pm there will be a Public Hearing on the Senate bill before the Senate Higher Education Committee. Senate Hearing Room 3, Cherberg Building.

HB 1090 -TRAFFICKING OF PERSONS.- Task Force
This bill would extend the life of the WA state task force against the trafficking of persons, created by legislation in 2002. No hearing scheduled yet. The bill was referred to the House Committee on Criminal Justice & Corrections.
On Tuesday, 1/28 at 10:00 am it will be taken up in a Public Hearing. House Hearing Room E, O'Brien building.

HB 1175 - PROHIBITING TRAFFICKING IN PERSONS
This bill establishes penalties for trafficking in persons, and defines the crime of sex trafficking. Penalties relate to the age of the victim, the nature of the acts the individual is forced to perform, and whether there was financial profit involved.
On Tuesday, 1/28 at 10:00 am it will be taken up in a Public Hearing before the House Committee on Criminal Justice & Corrections. House Hearing Room E, O'Brien building.

SB 5059 - FREEDOM FROM DISCRIMINATION BECAUSE OF GENETIC INFORMATION
This bill would include genetic information as a protected category in the law against discrimination.
Referred to the Senate Committee on Judiciary.

HB 1128/SB 5193 (also HB 1038) RELATING TO PROPERTY INSURANCE FOR VICTIMS OF MALCIOUS HARASSMENT.
This bill relates to those having trouble with insurance coverage because of claims related to malicious harassment. Included are religious, educational and other nonprofits.
On Tuesday, 1/28 at 10:00 am, the House Committee on Financial Institutions & Insurance will hold a Public Hearing on the House bill. House Hearing Room C, O'Brien Building.
On Monday, 1/27 at 1;30 pm, the Senate Committee on Financial Services, Insurance & Housing will hold a Public Hearing on the Senate bill. Senate Hearing Room 1, Cherberg Building.

Future: It is expected that there will be an anti-discrimination bill introduced, a successor to the Cal Anderson civil rights bills of some years ago.


DISABILITIES

HB 1272 - REQUESTING PROPOSALS FOR A NEW SERVICE- DELIVERY MODEL FOR LOCAL SOCIAL AND HEALTH SERVICES.
This bill creates a request for proposals to counties to design a new model for supporting and managing social and health services at the local level. The services to be included in the pilot project may include, but are not limited to, mental health, substance abuse, and developmental disabilities.
Referred to the House Committee on Technology, Telecommunications & Energy. No hearing scheduled.

SB 5035 - SPECIAL NEEDS TRANSPORTATION CONTRIBUTIONS.
This bill creates an opportunity for applicants of various vehicle fees to contribute voluntarily to assist persons with special transportation needs. The account could be used only for improving transportation services to persons with special transportation needs.
Referred to the Senate Committee on Highways & Transportation. No hearing scheduled.

SB 5162 - TRANSPORTATION OF PERSONS WITH SPECIAL NEEDS.
This bill revises eligibility to provide special need transportation services, by bringing for-profit special transportation providers under the same regulation as non-profit providers. The rationale is that providers who provide the same type of service should be regulated in the same way.
Referred to the Senate Committee on Highways & Transportation. No hearing scheduled.

Issues:
** The future of Residential Habilitation Centers (RHC's). Relevant Committees are hearing from the Joint Legislative Audit & Review Committee (JLARC) on their study of the value of RHC lands. It found that property could be sold or used in alternative ways to raise revenue. Meanwhile, others wish to see services at RHC's expanded - e.g., more respite and related resources.

** Legislation is being drafted for changes in the Developmental Disabilities statute. The draft bill is believed to include major changes in legislative intent, eligibility for services, a new prioritization of who gets services, and a level of care based on some new bottom-line concept of "health and safety." It is unknown how much - if any - of this will be in the final version. Disability advocates are watching closely.

Budget Items
The Governor would eliminate: Developmental Disabilities pre-vocational services (sheltered workshops) which serve 1,400 individuals; "optional" Medicaid programs which provide dental, vision, and hearing services; new funding for implementing the Olmstead decision, the Voluntary Placement Program, and Family Support - among other services. The Governor's budget also provides for no vendor rate increase, and no home care worker pay increases.

Also eliminated would be the Long Term Care Ombudsman and funds to administer of the Development Disabilities Endowment, as well as optional Health Care for Workers with Disability (the Medicaid buy-in portion of "Ticket to Work").


HEALTH CARE

BUDGET-RELATED REVIEWS -
On Wednesday, 1/29, at 3:30 pm, the HOUSE APPROPRIATIONS COMMITTEE will hold a Work Session on the Health Services Account, the Basic Health Plan, and Economic Services. House Hearing Room A - O'Brien Building.


HB 1067 - INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
This bill would extend health plan coverage for neurodevelopmental
therapies to children under the age of 18 for public employees and
employer-sponsored group policy for comprehensive health insurance.
Referred to the House Committee on Health Care.

HB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
This bill would establish the Medicaid Senior Prescription Drug Program, to promote access to affordable prescription drug coverage for low-income persons who lack the coverage and resources to purchase necessary prescription drugs. The program would not be considered to be an entitlement, and it is limited to 4 categories. Those: (1) age sixty-five and older; (2) whose family income does not exceed two hundred percent of the federal poverty level; (3) who do not otherwise have insurance that provides prescription drug coverage; and (4) who are eligible for Medicaid and the state's federal prescription drug waiver program.

Similar bills were considered last year but did not pass; this year it moved quickly. Significant changes this year include: a public-private governing structure instead of an agency-controlled board, and private plans and individual participants will be accepted sooner.
In Week Two, the House Health Care Committee adopted amendments to the bill and passed it out of Committee by a 9-3 vote.
This bill goes next to the House Appropriations Committee, where it will receive a fiscal note.

SB 5060 - TO CREATE AN ADVISORY COUNCIL ON CHILDRENS ENVIRONMENTAL HEALTH
This bill would create a Council to review existing laws, regulations, and standards and report to the Governor by December 1, 2004, with recommendations for ways to reduce children's exposure to environ-mental hazards.
On Wednesday, 1/29 at 1:30 pm, there will be a Public Hearing on the bill before the Senate Committee on Health & Long-Term Care. Senate Hearing Room 4, Cherberg Building.

HB 1178/ SB 5314 - PROVIDING FOR MEDICALLY ACCURATE SEX EDUCATION.
This bill would require medically accurate information in sex education courses, to protect the health and safety of young people. Included would be factually accurate and objective information about sexuality, pregnancy, and sexually transmitted diseases, to help delay the onset of sexual activity, reduce the frequency of sex, and reduce the number of sexual partners.
The Senate bill was referred to the Senate Education Committee.
On Thursday, 1/30 at 10:00 am, there will be a Public Hearing on the House bill before the House Committee on Health. House Hearing Room B, O'Brien Building.


Budget Items:
The Governor's budget would:
-- eliminate "optional" Medicaid services - dental, vision, and hearing;
-- eliminate Health Care for Workers with Disability - the Medicaid Buy-In portion of "Ticket to Work"
-- eliminate Medical care for General Assistance recipients (about 6,600 people, most of whom have serious physical or mental disabilities)
-- eliminate the Basic Health Plan for 60,000 childless adults
-- eliminate a scheduled expansion of the Basic Health Plan called for by I-773
-- reduce spending in the Childrens' Health Insurance Program (CHIP)
-- reduce spending on Medicaid services for low-income children.
-- eliminate the Medically Indigent program, for a cut of $81 million.
Eliminating the Medically Indigent program also would reduce funds to hospitals providing a "disproportionate share" of indigent care by $108 million.

Overall, health care is particularly hard-hit in the Governor's budget. When reductions in both the General Fund Budget and the Health Services Account are included, the total reduction in health funding is approximately $1 billion.

However in addition to cuts, the Governor's budget would also provide "backfill" funding for local health departments to replace funds lost as a result of I-695.


HOUSING/HOMELESSNESS

HB 1071/SB 5002 - PROVIDING PROPERTY TAX RELIEF FOR SENIOR CITIZENS AND OTHERS RETIRED BECAUSE OF PHYSICAL DISABILITY. This is one of several bills to provide tax relief for senior citizens and others retired because of physical disability. (HB 1029/SB 5034, HB 1044, and HB 1116 also deal with this issue. When an idea is popular, it is really popular.) The bills were referred to the House Finance Committee, and the Senate Ways & Means Committee.
On Thursday, 1/30 at 8:00 am, the House Bills (1029, 1044, 1071, and 1116) will be taken up in a Public Hearing before the House Finance Committee. House Hearing Room C, O'Brien Building.

SB 5154 - PROVIDES IMMEDIATE EVICTION FOR TENANTS INVOLVED IN CRIMINAL ACTIONS.
Landlords and neighbors would be able to go to court for immediate eviction of tenants engaging in certain criminal behaviors, including "acts of domestic violence." The court may request that a social service agency assist with temporary relocation of the tenant. While the intent is laudable, advocates for victims of domestic violence oppose the bill.
Referred to the Senate Judiciary Committee.

SB 5225 - RELATING TO RENT VOUCHERS FOR LOW-INCOME PERSONS TO PAY FOR RENT AND SECURITY DEPOSITS.
This bill would rely on collection of a $10 fee imposed on certain documents, to finance the vouchers.
Referred to the Senate Committee on Financial Services, Insurance & Housing.


Budget Items:
The Governor's Proposed Budget under-funds the Housing Trust Fund by $15 million. (The HTF is part of the Capital Budget, not the General Fund Budget.)

For affordable housing and shelter projects, CTED would establish a "…loan origination fee, and a monitoring and inspection fee," to generate $1.2 million.

However it makes no cuts to Shelter programs, or to LIHEAP (Low Income Heat & Energy Assistance Program).


HUNGER AND NUTRITION

SB 5436 - TO STRENGTHEN NUTRITION STANDARDS FOR FOOD AND BEVERAGES SOLD IN PUBLIC SCHOOLS.
This bill concerns the sales of competitive foods and beverages sold and served on public school campuses, in an effort to deal with the growing problems of childhood obesity and poor nutrition. Several high school student groups have taken up this issue.
Referred to the Senate Committee on Education.

Budget Items
Hunger programs appear to be unharmed in the Governor's budget.

WIC - Women, Infants, and Childrens health and nutrition program for high risk women and children is not cut.
TEFAP - the EMERGENCY FOOD ASSISTANCE PROGRAM - would not be cut in the Governor's proposed Budget.


JUVENILES/YOUTH

HB 1009 - VIOLENT VIDEO GAMES
This bill would make it a misdemeanor to sell, rent, or permit to be sold or rented, any violent video or computer game to any minor.
This bill was the subject of a Public Hearing in Week Two.
On Thursday 1/30 at 10:00 am., the bill is scheduled for possible Executive Session in the House Committee on Juvenile Justice and Family Law. House Hearing Room C, O'Brien Building.

HB 1010 - DISCHARGE OF A MINOR FROM A MENTAL HEALTH FACILITY
This bill directs the 'professional person' to discharge minors who have been voluntarily admitted to an evaluation and treatment facility, on the second judicial day following receipt of the minor's notice of intent to leave the facility. Under current law, such a minor must be discharged immediately; this bill provides a bit of "breathing room."
On Tuesday, 1/28, at 8:00 am, there will be a Public Hearing on the bill before the House Committee on Juvenile Justice & Family Law. House Hearing Room C, O'Brien Building.

HB1028 - INVESTMENT IN PROVEN INTERVENTION AND PREVENTION PROGRAMS FOR AT-RISK YOUTH
This bill directs the Washington State Institute for Public Policy to conduct research and make recommendations to the Legislature by December 15, 2003. Areas include "… the criteria, processes, and institutional arrangements" for best practices. Estimates for reductions in the state justice system, and possible cost savings from intervention and prevention programs focused on youth at high risk for involvement with the justice system.
A Public Hearing was conducted on the bill in Week Two.
On Thursday, 1/30 at 10:00 am the House Juvenile Justice and Family Law Committee has scheduled the bill for Possible Executive Session.House Hearing Room C, O'Brien Building.


HB 1070 - TO CHANGE THE AGE OF CONSENT FOR MINORS RECEIVING CHEMICAL DEPENDENCY AND MENTAL HEALTH TREATMENT.
This bill addresses issues related to mental health/chemical dependency treatment. Under current law, parents have available opportunities to place children in treatment for youth ages13 to 19. However, this is rarely used and not well known. This bill addresses the perception of parents that they do not have enough control to help their teen-age children facing chemical dependency or mental health issues. It attempts to clarify the circumstances under which a parent can initiate treatment for a minor child, or a child can seek treatment on a confidential basis.

This bill (HB 1070) has now been replaced by:
HB 1320-CHANGING THE AGE OF CONSENT FOR MINORS RECIEIVING INPATIENT MENTAL HEATH TREATMENT
This revised bill would only change the age of consent to 16 years for inpatient mental health treatment, provide treatment providers with protections from civil liability, and exclude social workers as "professional persons" in this act. Amendments are pending,
A Public Hearing was held on the bill in Week Two.
On Thursday, 1/30, at 10:00 am, in the Juvenile Justice and Family Law Committee the bill is scheduled for Possible Executive Session. House Hearing Room C, O'Brien Building.

HB 1145-CHANGING PROVISIONS RELATING TO THE PLACEMENT OF JUVENILES WHO HAVE BEEN CONVICTED AS ADULTS
This bill concerns offenders who are under the age of eighteen, but convicted as adults. The bill would require that they be evaluated by the Secretary of the Department of Corrections (DOC) upon intake, to determine if the offender is eligible to be transferred to a juvenile facility. It also requires the Secretary of the Department of Social and Health Services (DSHS) to jointly develop with the DOC, screening criteria for these transfers.
On Tuesday, 1/28 at 8:00 am, there will be a Public Hearing on the bill before the House Committee on Juvenile Justice and Family Law. House Hearing Room C, O'Brien Building.

On Friday, 1/31 at 8:00 am, there will be a Work Session before the Senate Children & Family Services & Corrections Committee on Juvenile Justice Sentencing.

Future: A bill including prevention/early intervention "best practices" is anticipated.


Budget Items
The Governor's proposed budget would cut:
-- Secure and Non-secure Community Residential Centers for runaway youth, eliminated;
-- Truancy petition funding (reduced by $1.7 million).


MENTAL HEALTH

HB 1010 - RAISING THE AGE OF CONSENT
This bill concerns minors who wish to be discharged from a mental health facility. It would raise the age of consent from the current age of thirteen, to age sixteen, for minors who are voluntarily admitted to an evaluation and treatment care facility. Currently, a minor at the age of thirteen can request to leave the treatment center without the consent of parent(s) or the designated mental health professional.
On Tuesday, 1/28 at 8:00 am this bill will get a Public Hearing before the House Committee on Juvenile Justice and Family Law. House Hearing Room C, O'Brien Building.

HB 1041/ SB 5223 - AUTHORIZING MENTAL HEALTH ADVANCE DIRECTIVES.
This bill affirms that a validly executed mental health advance directive is to be respected by all parties involved with a person's care. The legislature also declares that a person with capacity is able to control the decisions relating to mental health care. By stating their instructions for the type of care they wish to receive should they become incapacitated by their mental illness, an individual can make sure their preference for treatment will be carried out. This bill appears similar to bills introduced last year.
The House bill was the subject of a Public Hearing before the House Committee on the Judiciary, in Week Two.
The Senate bill was referred to the Senate Committee on Children & Family Services & Corrections.

HB 1066 - HEALTH CARE FACILITY QUALITY ASSURRANCE AND PATIENT PROTECTION.
This bill concerns public health and safety. It would increase the state's ability to redress risks to patient's safety by implementing a "rapid remediation system." The intent is to avoid the delays and inconveniences of the formal sanctioning process currently in place.
The facilities that would be using this new system are: (1) Acute care hospitals; (2) Psychiatric hospitals; and (3) Alcohol and chemical dependency hospitals.
On Thursday, 1/30, at 10:00 AM, there will be a Public Hearing before the House Committee on Health Care. House Hearing Room B, O'Brien Building.

HB 1067 - INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
This bill applies to public employees and their dependents. It would require health plans to cover these therapies for individuals age eighteen and under. The current age range that is covered
is six and under.
Referred to the House Committee on Health Care.

HB 1070 - CHANGING THE AGE OF CONSENT FOR MINORS RECEIVING CHEMICAL DEPENDENCY AND MENTAL HEALTH TREATMENT.
This bill addresses issues related to mental health/chemical dependency treatment. Under current law, parents have available opportunities to place children in treatment for youth ages13 to 19. However, this is rarely used and not well known. This bill addresses the perception of parents that they do not have enough control to help their teen-age children facing chemical dependency or mental health issues. It attempts to clarify the circumstances under which a parent can initiate treatment for a minor child, or a child can seek treatment on a confidential basis.
On Thursday, 1/30, at 10:00 am, the Juvenile Justice and Family Law Committee this bill is scheduled for possible Executive Session. It is understood that the Committee will consider a Substitute Bill (possibly focusing more on in-patient care), not the bill as originally drafted. House Hearing Room C, O'Brien Building.

HB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
This bill would establish the Medicaid Senior Prescription Drug Program, to promote access to affordable prescription drug coverage for low-income persons who lack the coverage and resources to purchase necessary prescription drugs. The program would not be considered to be an entitlement, and it is limited to 4 categories. Those: (1) age sixty-five and older; (2) whose family income does not exceed two hundred percent of the federal poverty level; (3) who do not otherwise have insurance that provides prescription drug coverage; and (4) who are eligible for Medicaid and the state's federal prescription drug waiver program. The bill is intended to increase consumer understanding and reduce health care spending. This is a Substitute bill.

Similar bills were considered last year but did not pass; this year it moved quickly. Significant changes this year include: a public-private governing structure instead of an agency-controlled board, and private plans and individual participants will be accepted sooner.
On Thursday, 1/23, the House Health Care Committee adopted amendments to the bill and passed it out of Committee by a 9-3 vote.
This bill goes next to the House Appropriations Committee, where it will receive a fiscal note.


Coming: A large coalition of mental health and health advocates is working on the issue of Mental Health Parity. The anticipated bill on this topic would make insurance companies cover mental health services at a rate comparable to the medical and surgical coverage they provide


Budget Item
The Governor's proposed budget would cut:
-- Mental Health Community Services by $39.4 million
-- Mental Health Facilities - capped at existing bed levels.
-- Regional Support Networks by $20 million.
-- Mentally Ill Offender Program serving about 25 individuals released from Corrections and transitioning into communities, is eliminated.

-- With all of the attention being paid to the Budget tightening activities involving the Department of Development Disabilities (DDD), it is important to note that 4,116 clients (12%) come under the care of DDD, and receive help from the Mental Health Division of DSHS. The DDD does not have the money in their current budget to adequately cover the treatment needed by their mentally ill clients.


REVENUES

SB 5056 - RELATING TO TAX REFORM
This bill appears to provide for a form of graduated tax based on Adjusted Gross Income as determined for federal income tax purposes.
It is the intent of the bill to provide the necessary revenues for the support of vital state services on a more stable and equitable basis.
The bill was referred to the Senate Committee on Ways & Means.

SB 5057 - RELATING TO TAX REFORM
This bill appears to provide for a flat tax to be applied to Adjusted Gross Income, determined for federal income tax purposes.
The bill was referred to the Senate Committee on Ways & Means.

SJR 8200 - RELATING TO TAX REFORM
This Senate Joint Resolution proposes an amendment to the state Constitution to authorize an income tax. At the next general election held in this state, the secretary of state would submit an amendment to Article VII of the Constitution of the state of Washington to permit adoption of a graduated income tax. It would go to the voters of the state for their approval and ratification, or rejection.
Referred to the Senate Committee on Ways & Means.

SJR 8204 - PROPOSES A CONSTITUTIONAL AMENDMENT TO PROVIDE FOR A REVENUE STABILIZATION FUND.
This appears similar to a proposal in the Gates Commission Tax Study Report that the state should have a constitutionally protected "rainy day" fund to help protect against fluctuations in the economy. Under the bill the secretary of state would submit this idea to the voters for approval and ratification, or rejection - at the next General Election.
On Monday, 1/27 at 3:30 pm, there will be a Public Hearing on the bill before the Senate Committee on Ways & Means. Senate Hearing Room 4, Cherberg Building.



RULEMAKING

A number of House Bills propose changes to Washington State's Administrative Procedures Act (APA). These proposed changes would affect the process by which citizens may participate in rule-making. Changes in Rule-making can affect whether it is difficult (or easy) for an entity to avoid health, safety, and environmental standards, and whether it is difficult (or easy) for citizens to have a voice in the process by which Regulations are finalized. Since Regulations - once final - have the force of law, these bills deserve monitoring. E.g., HB 1315 would make it difficult for any Washington state agency to adopt a rule that goes beyond an existing federal standard. Among the bills concerning Changes in Rule-Making are: HB 1310, HB 1312, HB 1313, HB 1314, HB 1315.


SEXUAL ABUSE/DOMESTIC VIOLENCE

HB 1040 - TO REMOVE THE STATUTE OF LIMITATIONS ON CHILDHOOD SEXUAL ABUSE
This bill only applies to civil cases.
This bill was the subject of a Public Hearing before the House Judiciary Committee, in Week Two.

SB 5038 - "FRIENDLY PARENT"
Like bills introduced last year, this bill would require the courts to consider which parent is more likely to encourage frequent contact with the other parent when making decisions about child custody. Advocates fear this may be used against victims of Domestic violence who are reluctant to permit frequent visitation and close contact with an abusive parent.
Referred to the Senate Judiciary Committee.

SB 5154 - PROVIDES IMMEDIATE EVICTION FOR TENANTS INVOLVED IN CRIMINAL ACTIONS.
Landlords and neighbors would be able to go to court for immediate eviction of tenants engaging in certain criminal behaviors, including "acts of domestic violence." The court may request that a social service agency assist with temporary relocation of the tenant. While the intent is laudable, advocates for victims of domestic violence oppose the bill.
Referred to the Senate Judiciary Committee.

Budget Items:
-- The Governor's budget would reduce funds for domestic violence victim services by approximately one-third.
-- Legal Advocacy programs would be reduced by $10,000 and
-- Civil Legal Services would be reduced by $1.7 million; both are important to victims of violence.


SUBSTANCE ABUSE/TREATMENT

HB 1011 - VOLUNTARY INTOXICATION AS A DEFENSE
Under this bill, Voluntary Intoxication will not be allowed as a defense against a criminal charge.
Referred to Committee on Judiciary; no hearings scheduled.

HB 1066 - HEALTH CARE FACILITY QUALITY ASSURRANCE AND PATIENT PROTECTION.
This bill relates to public health and safety in three types of facilities: (1) Acute care hospitals; (2) Psychiatric hospitals and; (3) Alcohol and chemical dependency hospitals. It hopes to increase the state's ability to redress risks to patient's safety by implementing a rapid remediation system. Such a system would avoid the delays and inconveniences of the formal sanctioning process that is in place now.
On Thursday, 1/30 at 10:00 am, there will be a Public Hearing on this bill before the House Health Care Committee in House Hearing Room B of the O'Brien Building.

HB 1183 - INCREASING PENALTIES FOR DRIVING UNDER THE INFLUENCE.
This bill concerns increased penalties for driving or physical control while under the influence.
On Thursday, 1/30, at 8:00 am there will be a Public Hearing before the House Judiciary Committee, in House Hearing Room B, of the O'Brien Building.

SB 5389 - RELATING TO CLEAN AND SOBER HOUSING
This bill concerns the right of landlords to terminate tenants living in drug and alcohol free housing who use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.
Referred to the Senate Committee on Financial Services, Insurance & Housing.

Budget item
The Governor's proposed budget did not cut Community Mobilization - for local substance abuse and violence prevention.


WELFARE

HB 1027 - TO PROVIDE COMPETITIVE CONTRACTS FOR WORKFIRST SERVICES
This bill would permit DSHS to engage in competitive contracting using performance-based contracts for services to WorkFirst clients.
A Public Hearing was conducted on this bill in Week Two, before the House Committee on Children & Family Services.

HB 1105 - PROVIDING FOR IDENTIFICATION OF PUBLIC ASSISTANCE RECIPIENTS WITH OUTSTANDING WARRANTS.
On Wednesday, 1/29 at 8:00 am, the House Children & Family Services Committee will hold a Public Hearing on the bill. House Hearing Room D, O'Brien Building.

HB 1277 - GAINING INDEPENDENCE FOR FAMILIES.
This bill would create a new financial aid supplement for low-income parents with dependents under age 18, to attend any public or private, two or four-year institution in Washington state. However, this program's funding would be "… subject to the availability of receipts of gifts, grants, or endowments from private sources." Referred to the House Committee on Higher Education.
On Wednesday, 1/29 at 1:30 pm, the House Committee on Higher will conduct a Work Session/Public Hearing on Education and TANF (Temporary Assistance for Needy Families). House Hearing Room D, O'Brien Building.


Budget Items.
Once again the "Welfare Box" - which is under the Governor's direct responsibility - faces a short-fall: $35 million this time. These funds support child care, one-time payments for rent and
utilities and cash assistance, and other services. (Last year's shortfall resulted in $50 million in cuts in childcare, job training, and social services.) To meet the shortfall, the Governor is cutting funds for child care and services that help families move from welfare to work.

Services and programs for low-income childless adults are generally hit very hard in the Governor's budget. Of special note are:
-- General Assistance Unemployable (GAU) cash assistance, which helps about 10,000 adults meet basic subsistence needs, is cut by $40.3 million. Most GAU recipients have mental and/or physical disabilities.
-- GAU medical care, which serves about 6,600 childless adults, is cut by $65.9 million.


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