Welcome to Policy Watch 2003

WEEK 3

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 THREE IN OLYMPIA

THE SCENE
By the end of week three roughly 600 bills had been introduced in the House and 600 bills had been introduced in the Senate. That doesn't mean there are 1200 separate bills, because some of those are the same in both bodies - what the process knows as "companion bills" - and some are bills on the same topic but with minor variations.

One good example are the many bills to provide property tax relief for senior citizens who have to retire due to disability. As might be imagined, that is a pretty easy issue for a legislator to be "for," because senior citizens vote in greater numbers than any other age group, and because the people affected are a pretty sympathetic group. It is hard to imagine who could be AGAINST them. So lots of legislators want to be able to say they are trying to do something to help this group. (Meanwhile, nobody has introduced any bills to give tax relief to serial killers or loud neighbors.)

But it is still pretty remarkable to consider just how much we ask of our part-time legislators. They come to Olympia with backgrounds as realtors and retired farmers, as school board members and small business owners, and we ask them to deal with an amazing array of topics. Just glance down the Bill Status report that lists all the bills introduced. In the space of an inch or two you'll see bills on such topics as: low-emission vehicles, clean and sober housing, pilot and aircraft fees, hydrology, dependency hearings, tipped employees, marketing assistance, deferred prosecutions, citizen initiatives, geoducks, identity theft, and newborn hearing screening.

That's why the Public Hearings (described in Week Two of POLICY WATCH) and other meetings with constituents are so important: they offer a way for legislators to hear from people who have experience and knowledge on every one of these topics. And while people who speak as experts have important contributions to make, often the personal touch is what captures the attention of the legislators. Just this week a Public Hearing on Kinship Care (relatives who take in children who would otherwise go into foster care) provided a good example. One legislator said he was so moved by a Christmas party full of grandparents who are raising their grandchildren, that by the end of the party he had promised to help collect presents for next year's party… AND he had offered to play Santa Claus! Two other legislators familiar with kinship caregivers quickly joined in: they offered to play the elves.

THE PROCESS - Leadership and Committees
Committee assignments, including who gets to be Chair, are made by the party Leaders in each house. In the House of Representatives, both Democrats and Republicans have 11 people in their leadership ranks. At the top for the Democrats is the Speaker of the House, Representative Frank Chopp; at the top for the Republicans is the Republican Leader, Representative Cathy McMorris.

The Senate has a similar makeup. One big difference is that the President of the Senate is actually the Lieutenant Governor, and not one of the Senators; by tradition he carries out his role in a mostly non-partisan way. Because he is not a Senator, there are times when he cannot vote - e.g., when there is a tie vote for final passage of a bill. Beyond that there are 8 individuals each in Republican and Democratic Senate Leadership roles - starting with Majority Leader Jim West at the top for Republicans, and Democratic Leader Lisa Brown at the top for Democrats.

Naturally, legislators want to get assigned to the Committees that will best serve their Legislative Districts, and best reflect their own knowledge and interests. So - people from rural areas want to be on the Agriculture Committee while people from urban areas may want to be on Transportation; lawyers want to be on the Judiciary Committee, bankers want to be on the Financial Institutions Committee, business people want to be on the Commerce Committee… and everybody wants to be on one of the fiscal committees where key budget and funding decisions are made. Because there are fewer people from social service backgrounds (it is hard for them to leave their jobs for 9 weeks one year, 15 weeks the next) the Committees dealing with social services often include some people who don't want to be there and are just biding time till a more acceptable assignment opens up.

Those in Leadership roles try to accommodate their members' interests, but that is not always possible. There are only so many seats on the budget-writing Committees, and only so many seats on other popular committees like Education or Transportation - hot button issues in every Legislative District. Ultimately, some members get their "first choice" Committees and others do not. That's why it's possible to hear Committee members preface questions with everything from, "I've been in this field for thirty years…" to: "I'm new to this issue, so please be patient if I sound naïve…."

COMMITTEE EXECUTIVE SESSIONS

After the Public Hearings on a bill have been completed, the next step for any bill is an Executive Session. Any bill that has had a Public Hearing is eligible to be "exec'd." Like Public Hearings, these sessions are open to the public - with one important difference. During a Hearing, members of the public get to speak - public testimony is the whole idea. An Executive Session has a different purpose - for legislators to discuss, amend, and vote on a bill - and that requires that only the members of the Committee speak up.

A good illustration of these Sessions occurred when the House Health Care Committee met in Executive Session to consider HB 1214 - a bill to "create a Prescription Drug education and utilization program." The Committee has 13 members, and about two-thirds have backgrounds or training in health - including three nurses, one physician, one chiropractor, a health administrator, and the head of an HIV/AIDS organization. Many of the members have been on the Committee for several years. This bill and its issues are familiar to them and to the Committee Staff Director; he led them through the 13-page bill, plus 15 amendments being proposed to change the bill.

A typical size group (about 25-40 people) in the public seats heard legislators make their way through the specific sections of the bill ("please turn to page 6, line 32"), and the details of the amendments being offered. Often they began their questions with phrases like, "…let me get this straight," or, "much of this is new to me, so I'll need a bit more background," or, "how will we track this?"

Committee members frequently referred directly to the comments they'd been hearing from constituents or testimony at the Public Hearings. "How many hearings have we had," asked one Represen-tative, "packed with constituents affected by the lack of access to effective drugs? … It's not a good bill if the result doesn't work for them." Another began the explanation for her vote by saying, "…as an advocate for people with AIDS…" When it was noted that another amendment involved a change requested by a group of Veterans, one Committee member quickly said: "If this is what the Veterans want, then this is what we'll do."

But even a casual observer would be struck by the fact that even though strong views were expressed, it was done in a respectful, civil way. "It is with pleasure that I join the good lady on the other side…," "Thank you Madam Chair…." "I want to thank the Chair for her Leadership." "Although we disagree, I know this is a matter of some importance to my colleague and I'd like to find a compromise.…"

Ultimately, Executive Sessions have to fit within the tight Committee schedule, so the march through votes on all of the amendments was brisk. "I move Amendment # 6," would come from one of the members, followed immediately by the Chair with the phrase, "Amendment # 6 has been moved and seconded. It is time to call the vote." (The Chair automatically seconds all the amendments - a real time-saver.) Some amendments are accepted, others rejected, and the staff keep careful note each time. Then, after allowing Committee members to express their views on what they'd done -- finally, the Chair calls for a vote on the bill as amended. In this case, two-thirds said "Aye," and the bill passed out of Committee.

A future PW will describe what happens when bills like this faces an equally difficult hurdle - a stop at the Appropriations Committee where the bill's cost will be estimated (quite possibly a deal-breaker).

NOTE: All Public Hearings and Executive Sessions 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. Show up; testify if you feel able to; give copies of a "handout" to the staff for distribution to the Committee. If you cannot attend, send a brief written statement for distribution to the members of the Committee.

Asked what a "handout" to the Committee should look like, here's what the aide to one Representative said.
* Keep it short - no more than one page.
* Name the Bill Number or issue right at the top.
* Briefly set out your main points in "bullets."
* Summarize your presentation - the reasoning behind your position.
* Put it on colored paper - so it will stand out.
* Check with the Committee staff to learn how many copies they want (some ask for as many as 50 - 100 copies: enough for each Committee member, each of their staff, and the staff of the Committee itself).
* Be sure to include your name, address, and contact information; include the name of your group or organization if you have one.
* Send copies to your own Senator and two Representatives - even if they are not on the Committee.

BRIEF SNAPSHOTS FROM WEEK TWO

** One hearing this week was standing-room-only. The topic: a bill requiring that sex education be "medically accurate." The reason behind such a bill became clear when local college students testified about what they'd been taught in high school Sex Ed classes (e.g., birth control will make you sterile, tampons are dangerous, you will die if you have an abortion). But the actual words would not be used: "peaches" means holding hands; "prunes" means making out (and prunes inevitably lead to "alfalfa," and… "it"). When asked, a group of boys from a high school using this approach were quick to say they opposed the bill: no accurate information for them.

** Asked whether constituent calls and letters have any impact, one Representative replied a bit sheepishly that he'd introduced a bill, and then re-written it three times because of constituent comments. And, he said, if he keeps hearing from people, he'll keep revising.

** A group of advocates for low-income people came armed with facts about unmet need, and held a "waiting list" outside the temporary Senate Chamber this week. They came to put a human face on the "Waiting Lists for Health Care" - which would get longer if the Senate version of the Supplemental Budget becomes law.

** One witness came to Olympia to testify before a Committee he used to Chair. Former Representative Kip Tokuda, who now works for a local human services department, began by urging his former colleagues not to send any "unfunded mandates to the cities."

** When most of the talk is of budget cutting and changing priorities, no news can be a good thing. This week the ARC of Washington signed off with, "Other than that, it's been a quiet week for Developmental Disability issues. And that's a good thing."

** Hot Tip: Asked which form of communication is best, one legislative aide had a quick response: HOTLINE messages (the ones from the 1-800-562-6000 line). We deal with those first, she explained, because we know the callers are from our District, we know the message will be brief, and we know how to reach them. In her view, emails came next, followed by "long, rambling letters…."

** If you cannot get to Olympia but you want to know what a Public Hearing is like, tune in TVW, a cable television program. They have a website at www.tvw.org.

** Among the issues producing a lot of calls and letters to a sampling of legislators this week were: education, transportation, disability programs, and cruelty to animals.

** Gender Watch: In the Republican-controlled Senate, 3 of the 17 Committees are chaired by women this year; in the Democrat-controlled House, 11 of the 20 Committees are chaired by women.

Budget Notes:
SB 5403 - the 2003 SUPPLEMENTAL BUDGET.
In Week Three the Senate passed SB 5403 - a Supplemental to the biennial Budget for 2001-2003. The vote was 29-20. A number of provisions simply accepted budget saving recommendations contained in the Governor proposed 2003-2005 biennial budget, and made them effective sooner. Among the provisions were several health care cuts proposed in the Governor's budget for 2003-2005; this bill would make them effective immediately (e.g., no new applicants will be accepted in the Basic Health Plan). The reasoning was that if they would save money in future years, these cuts could begin saving money now. Also included were reductions in adoption support.
The House version, HB 1235, is awaiting action by the Appropriations Committee.

For a list of Health and Human Services cuts contained in the Governor's proposed budget, and the BUDGET process in brief, see WEEK ONE and WEEK TWO of POLICY WATCH. Issue Categories also contained brief notes on proposed budget cuts.

The Governor's approach to solving the budget crisis is available on the Office of Financial Management website: www.ofm.wa.gov/.

SOME BUDGET-RELATED SESSIONS IN WEEK FOUR

On Wednesday, 2/05 at 3:30 pm, the HOUSE APPROPRIATIONS COMMITTEE will hold a Work Session on the Higher Education budget. House Hearing Room A - O'Brien Building.

On Monday, 2/03, at 1:30 pm, the HOUSE CAPITAL BUDGET COMMITTEE will devote part of its time to the Capital Budget Request of the Department of Health. House Hearing Room B, O'Brien Building.

On Thursday, 2/06, at 1:30 pm, the HOUSE CAPITAL BUDGET COMMITTEE will devote part of its time to presentations on Higher Education facilities, and to the Capital Budget Request of the State Board for Community and Technical Colleges. House Hearing Room B of the O'Brien 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:

Aging/Long-Term Care
Children's Issues
Child Welfare
Civil Rights/Civil Liberties
Disabilities
Health Care
Housing/Homelessness
Hunger and Nutrition
Juveniles/Youth
Mental Health
Revenues
Rulemaking
Sexual Abuse/Domestic Violence
Substance Abuse
Welfare
Miscellaneous

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.
The House Bills (1029, 1044, 1071, and 1116) were taken up in a Public Hearing before the House Finance Committee in Week Three.
On Monday, 2/3 at 3;30 pm, SB 5034 will be the subject of a Public Hearing before the Senate Ways & Means Committee. Senate Hearing Room 4, Cherberg Building. Also on TVW.

2SHB 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.
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.
More important, the bill makes clear that nothing in this bill will constitute an entitlement (neither benefits nor eligibility), and if appropriations - funding - are not approved "the act shall be null and void." In a year when the deficit stands at $2.4 billion, appropriations for a new prescription drug bill are a long-shot.

Nonetheless this bill is moving quickly. Action in Week Three included additional amendments adopted in the House Appropriations Committee, fast approval of the amended bill - now known as Second Substitute House Bill (2SHB), and prompt action by the House Rules Committee.
The bill is now on the House floor, where it is waiting possible amendment and final action by the Full House.

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.
On Wednesday, 2/5 at 1:30 pm, this bill will be taken up in a Public Hearing before the House Committee on Criminal Justice & Corrections. House Hearing Room E, O'Brien Building.

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 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 Wednesday, 2/5 at 8:00 am, there will be a Work Session for the House Children & Family Services Committee, on the topic of Deaf Education models. House Hearing Room d, O'Brien Building.

HB 1545 - TO CONSOLIDATE EARLY LEARNING AND CHILDRE CARE PROGRAMS AND SERVICES.
This bill reflects a growing body of evidence demonstrating the critical importance of a child's early years on healthy brain and other development. The goal of this bill is the development of a "seamless" statewide system of programs and services for early learning and child care, including a more comprehensive approach to "readiness to learn." Such activities are currently housed in five state agencies, and numerous programs within those agencies. The bill would create a task force to consider the best way to pull them all together, and raise awareness of the need for such action.
On Thursday, 2/6 from 1:30 - 2:30 pm, this bill will be the subject of a Joint Public Hearing to be conducted by the House Committees on Children & Family Services, and on Education. House Hearing Room A, O'Brien Building. Also on TVW.

On Thursday, 2/6 at 2:30 pm, the House Committee on Children & Family Services will continue its portion of the Committee time with a Work Session on a Report of the Child Care Coordinating Committee, and a review of Foster Children in Preschool.

SB 5603 - FOR TEACHING SKILLS TO STRENGTHEN FAMILY COMMUNICATION AND RELATIONSHIPS.
This bill is premised on the belief that strong marital relationships result in stronger children, families, and communities and place less of a fiscal burden on the state. Since relationship skills can be learned, the bill provides that every school district shall develop and adopt a family preservation curriculum, required for all students unless their parents or guardian object. The office of the Superintendent of Public Instruction would develop and make available a model family preservation education curriculum.
Referred to the Senate Committee on Education. No hearing scheduled yet.

Budget items
The Supplemental Budget (for 2001-2003) passed by the Senate in Week Three reduced adoption support by $1.5 million. It assumes that adoptive families would be able to benefit from a $10,000 federal adoption tax credit that recently became effective. The Supplemental Budget now goes to the House Appropriations Committee.

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, 2/4, Thursday, 2/6, or Friday 2/7, the House Judiciary Committee may take up the bill in Executive Session . 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
On Wednesday, 2/3, at 8:00 a.m., this bill may come up for Executive Session and a vote in the House Children & Family Services Committee. House Hearing Room D, O'Brien Building.

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.
This bill was the subject of a Public Hearing in Week Three, before the House Children & Family Services Committee. At the hearing it was announced that the Fiscal Note for HB 1233 would produce a savings of $1 million for the biennium. When it is taken up in Executive Session (not yet scheduled) it is anticipated that there will be amendments offered that would change it substantially.

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.
A Public Hearing was held in Week Three on the bill before the House Children & Family Services Committee.
On Wednesday 2/5 at 8:00 am, it is scheduled for a possible Executive Session in the Children & Family Services Committee. House Hearing Room D, O'Brien Building.

SB5379-PROVIDING PUBLIC ACCESS TO CHILD DEPENDANCY HEARINGS
While similar to HB 1236, this is narrower and not a "companion" bill. This bill states that the public shall not be excluded from hearings unless the court finds that there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized by conducting a public hearing. Further, both parents may request that the court exclude the public, subject to the court's discretion.
On Friday, 2/7 at 8:00 am, there will be a Public Hearing in the Senate Children and Family Services & Corrections Committee. Senate Hearing Room 4, Cherberg 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. In addition it could have a chilling effect on disclosure of domestic violence and other safety concerns.
On Friday, 2/7 at 8:00 a.m. this bill will be the subject of a Public Hearing before the Senate Children & Family Services & Corrections Committee. Senate Hearing Room 4, Cherberg Building.

HB1272 - ESTABLISHES A FIVE YEAR PILOT PROJECT TO LOOK AT THE DELIVERY OF HEALTH AND HUMAN SERVICES
This bill directs the department of social and health services to issue an RFP - 'Request For Proposals' - to counties or groups of counties to design a new administrative and service delivery infrastructure for supporting and managing social and health services at the local level. The services included in the pilot may include, but are not limited to: mental health, substance abuse, and developmental disabilities.
On Wednesday, 2/5, at 8:00 am there will be a Public Hearing on the bill before the House Children and Family Services Committee. House Hearing Room D, O'Brien Building.

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/EXPANDED OPPORTUNITIES

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.
The Senate Committee on Financial Services, Insurance & Housing held a Public Hearing on the Senate bill in Week Three.
On Tuesday, 2/4 at 10:00 am, the House Committee on Financial Institutions & Insurance has scheduled the House bill for possible Executive Session. House Hearing Room C, O'Brien Building. (If the Committee does not get to it on the 4th, it is also listed for Possible Executive Session on Wednesday, 2/5 at 1:30 pm.)

HB 1079/ SB 5158 - TO EXPAND THE DEFINITION OF RESIDENT STUDENT FOR PURPOSES OF HIGHER EDUCATION.
This bill provides that any student who has completed 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.
A Public Hearing on the Senate bill was heard in Week Three, before the Senate Higher Education Committee.
On Wednesday, 2/5 at 1:30 pm there will be a Public Hearing on the bill before the House Committee on Higher Education. House Hearing Room D, O'Brien Building. Also accessible via TVW.
On Friday, 2/7 at 8:00 am the House bill is scheduled for Executive Session in the House Committee on Higher Education. House Hearing Room D, O'Brien 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.
This bill was taken up in a Public Hearing before the House Committee on Criminal Justice & Corrections in Week Three.

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.
This bill was taken up in a Public Hearing before the House Committee on Criminal Justice & Corrections in Week Three.

SB 5059 - FREEDOM FROM DISCRIMINATION BECAUSE OF GENETIC INFORMATION
This bill would include genetic information as a protected category in existing state law against discrimination. Washington state is one of only four states without specific protections from the use of genetic information to discriminate against individuals in employment and insurance.
Referred to the Senate Committee on Judiciary. No hearing scheduled yet.

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

On Tuesday, 2/4 at 3:30 pm, the House Appropriations Committee will hold a Work Session on covers a Report from Lewin and Associates on Medicaid Cost Containment Strategies. Many persons with disabilities rely on Medicaid for health care; options for controlling costs will affect them. House Hearing Room A, O'Brien Building.
On Wednesday, 2/5 at 3:30 pm, and Thursday, 2/6 at 3:30 pm, this same report is scheduled for a Work Session before the Senate Ways & Means Committee. (Check with the Committee for final scheduling.) Senate Hearing Room 4, Cherberg Building.
3:30 in House Hearing Rm A John L. O'Brien Building

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 pilot administrative and service delivery infrastructure for local social and health services. The services to be included in the pilot project may include, but are not limited to, mental health, substance abuse, and developmental disabilities.
On Monday, 2/3 at 1:30p.m., there will be a Public Hearing on this bill before the House Children & Family Services Committee. House Hearing Room D, O'Brien Building.

HB 1330/ SB 5578 - CONCERNING BED HOLDING FOR BOARDING HOME RESIDENTS
This bill covers arrangements when a boarding home contracts with the state to provide adult residential care services, enhanced adult
residential care services, or assisted living services. In cases where a resident needs short-term care in a nursing home or hospital, the boarding home must hold a medicaid eligible resident's room or unit when the resident is likely to return to the boarding home.
The House bill was referred to the House Committee on Health Care. The Senate bill was referred to the Senate Committee on Health and Long-Term Care. No hearings scheduled yet.

SB 5563 - INSPECTION OF BOARDING HOMES
This bill would require the Department of Social and Health Services to inspect and investigate boarding homes at least every 18 months, rather than the current requirement of yearly inspections.
Referred to the Senate Committee on Health & Long Term Care. No hearing scheduled yet.

HB 1623/ SB 5566 - RELATING TO THE PRIORITIZATION OF SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES.
This bill has set off alarm bells within the DD community. It proposes major policy changes to the DD statute, including: eligibility based on IQ; assessments based on health and safety needs; priority populations; and the elimination of language to keep any savings within DDD. There is no reference to "grandfathering" current clients, and it is unclear who the changes would affect -- both current and future clients, or just future clients. Disability advocates fear it would shift department policy from a "no wrong door policy," under which efforts would be made to link clients with the appropriate services, to a "no right door policy," under which the chief effort would be to avoid departmental responsibility and expect more from families.
The House bill was referred to the House Committee on Children & Family Services; no hearing scheduled yet. The Senate bill was referred to the Senate Health & Long Term Care.

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 yet.

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.
On Tuesday, 2/4 at 3:30 pm, this bill will be the subject of a Public Hearing before the Senate Committee on Highways & Trans-portation. Senate Hearing Room 1, Cherberg Building. Also accessible via TVW.

SB 5640 - CONCERNING DETERMINATION OF DISABILITY FOR SPECIAL PARKING PRIVILEGES
This bill would permit advanced registered nurse practitioners to grant special parking privileges to persons with a disability that limits or impairs the ability to walk. Current law only allows this determination by a licensed physician.
Referred to the Senate Cttee on Health & Long Term Care.

SB 5473 - REQUIRING THE CRIMINAL JUSTICE TRAINING COMMISSION TO TRAIN OFFICERS ON INTERACTION WITH DEVELOPMENTALLY DISABLED AND MENTALLY ILL PERSONS
The proposed training would include learning to identify mental illness and disability, conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally ill and developmentally disabled persons, and alternatives to lethal force when interacting with potentially dangerous mentally ill and developmentally disabled persons.
On Thursday, 2/6 at 8:00 am, there will be a Public Hearing on this bill before the Senate Judiciary Committee. Senate Hearing Room 1, Cherberg Building. Also available via TVW.

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").

At risk:
Approximately 1,300 high school transition students graduating in the next two years will have no employment support unless funding is provided for their employment services.
Nearly 7,000 families caring for their children at home are waiting for Family Support -- the door to this program is closed unless the legislature additional funding is provided.

HEALTH CARE

BUDGET-RELATED REVIEWS -
On Tuesday, 2/4 at 3:30 pm, the House Appropriations Committee will hold a Work Session on covers a Report from Lewin and Associates on Medicaid Cost Containment Strategies. House Hearing Room A, O'Brien Building.
On Wednesday, 2/5 at 3:30 pm, and Thursday, 2/6 at 3:30 pm, this same report is scheduled for a Work Session before the Senate Ways & Means Committee. (Check with the Committee for final scheduling.) Senate Hearing Room 4, Cherberg Building.
3:30 in House Hearing Rm A John L. O'Brien Building

HB 1067/ SB 5445 - 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. The Senate Bill removes the current age limit of six years old, but does not reference age 18.
The House bill was referred to the House Committee on Health Care. The Senate bill was referred to the Senate Committee on Health & Long-Term Care. No hearings scheduled.

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.
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.
More important, the bill makes clear that nothing in this bill will constitute an entitlement (neither benefits nor eligibility), and if appropriations - funding - are not approved "the act shall be null and void." In a year when the deficit stands at $2.4 billion, appropriations for a new prescription drug bill are a long-shot.
Nonetheless this bill is moving quickly. Action in Week Three included additional amendments adopted in the House Appropriations Committee, fast approval of the amended bill - now known as Second Substitute House Bill (2SHB), and prompt action by the House Rules Committee.
The bill is now on the House floor, where it is waiting possible amendment and final action by the Full House.

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.
A Public Hearing was held on this bill in Week Three before the Senate Committee on Health & Long-Term Care.

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.
A Public Hearing on the House bill was held before the House Committee on Health in Week Three.

SB 5489 CREATING THE AGGREGATE PURCHASING PRESCRIPTION DRUG DISCOUNT PROGRAM.
This bill assumes that, by maximizing its purchasing power and taking
better advantage of its position as a major buyer of prescription drugs,
the state should be able to reduce the price it pays for such drugs
across all state programs, and offer some relief to others in need who
lack prescription drug coverage.
Referred to the Senate Committee on Health & Long Term Care. No hearing scheduled.

SB 5586 - GRANTING AUTHORITY TO ADDRESS CONCERNS WITH LEAD-BASED PAINT
This bill focuses on the hazards associated with lead-based paint and it presence as a significant and preventable environmental health problem. Census data show that 1.5 million Washington homes may have lead-based paint because they were built prior to 1978 when the sale of residential lead-based paint was banned. The bill would establish a lead-based paint activities program within the Department of Ecology to protect the public from exposure to lead hazards and to ensure the availability of a trained and qualified work force to identify and address lead-based paint hazards. It would also bring the state more in line with federal protections.
Referred to the Senate Committee on Natural Resources, Energy & Water. No hearing scheduled.

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

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.
A hearing on the House Bills (1029, 1044, 1071, and 1116) were taken up in a Public Hearing before the House Finance Committee in Week Three. They are eligible for possible Executive Session in that Committee.
The Senate Ways & Means Committee has not acted on the Senate bill.

SB 5068 - PROVIDING FOR DISPUTE RESOLUTION AND ENFORCEMENT OF THE MOBILE HOME LANDLORD-TENANT ACT
This bill would provide a less costly and lengthy way for manufactured/mobile home landlords and tenants to resolve disputes, and to provide a mechanism for state authorities to quickly locate managers and owners of manufactured housing communities. It also provides for penalties in certain cases.
Referred to the Senate Committee on Financial Institutions, Insurance, and Housing.

SB 5154 - PROVIDING 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 low-income housing, and for victims of domestic violence oppose the bill.
Referred to the Senate Judiciary Committee.

Budget Items:
The Governor's Proposed Budget under-funds the Housing Trust Fund by $15 million - cutting allocations for persons with develop-mental disabilities, self-help housing, shelters and transitional housing for victims of domestic violence, and weatherization programs.
Because the HTF is part of the Capital Budget, not the General Fund Budget, advocates have continued to pursue a long-term goal of increasing the HTF to $100 million for the 2003-05 Biennium, through long-term bonds or loans. (Favorable interest rates allow for expansion of the state's Capital Budget.) The state continues to receive many more applications for viable projects than it can fund at the current level. A state investment of $100 million in low-income housing would leverage an additional economic stimulus investment of $475 million from the private and public sector.

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. The bill would ensure that students have access to healthful choices. Several high school student groups have taken up this issue.
Referred to the Senate Committee on Education. No hearing scheduled yet.

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

Several Work Sessions concerning youth will occur in Week Four.

On Tuesday, 2/5, at 6:00 p.m. there will be a Work Session - a
Briefing on the development of the adolescent brain - before the House Juvenile Justice and Family Law Committee. House Hearing Room C, O'Brien Building.

On Wednesday, 2/6, at 10:00 am., there will be a Work Session on Drop-out Prevention in Washington State, before the House Juvenile Justice & Family Law Committee. House Hearing Room C, O'Brien Building.

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.
In Week Three the bill was voted out of Committee. It goes next to the House Rules Committee.

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."
A Public Hearing was held on the bill in Week Three before the House Committee on Juvenile Justice & Family Law.

SHB 1028 - 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.
In Week Three, the House Juvenile Justice and Family Law Committee approved several amendments to the bill and voted it out of Committee. The Substitute bill has no fiscal note, so it is likely to go directly to the Rules Committee.

HB 1320-CHANGING THE AGE OF CONSENT FOR MINORS RECIEIVING INPATIENT MENTAL HEATH TREATMENT
This revised bill (formerly HB 1070) 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. (There may be further legislation to direct treatment providers to inform parents of the full provisions of the law in the near future.)
Additional Amendments are expected during Floor Action.
In Week Three the Juvenile Justice and Family Law Committee voted the bill out of committee with amendments. The bill is likely to go directly to the Rules Committee.

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.
In Week Three there was a Public Hearing on the bill before the House Committee on Juvenile Justice and Family Law.

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

SB 5216 - REDUCING THE NUMBER OF EVALUATORS REQUIRED FOR MENTAL HEALTH EVALUATIONS.
Under this bill, when a defendant has pleaded 'not guilty' by reason of insanity, or there is reason to doubt his or her competency, if the parties agree, the court may designate the appointment of one expert rather than the two that are required under current law.
On Tuesday, 2/4 at 8:00 am, there will be a public hearing held before the Senate Committee on Children and Family Services & Corrections. Senate Hearing Room 4, Cherberg building. Available on TVW.

SB 5383 - ESTABLISHING AND ADVERTISE A PHARMACY CONNECTION PROGRAM.
This bill would require the establishment and advertising of a program where health care providers and members of the public can obtain information about manufacturer-sponsored prescription drug assistance programs.
Referred to Committee on Health and Long-Term Care.

SB 5461 - LIMITING THE DISCLOSURE OF CLIENT INFORMATION
This is a bill relating to the disclosure of client information by mental health counselors, marriage and family therapists, and social workers. Any of the aforementioned professionals would not disclose the written acknowledgement of the disclosure statement; nor any information acquired from persons consulting the individual in a professional capacity.
On Wednesday, 2/5 at 1:30 pm there will be a Public Hearing on this bill before the Health and Long-Term health Committee in Senate Hearing Room 4, Cherberg Building.
The same session allocates time for possible Executive Session on bills heard in committee.

HB 1041/ SB5223 - AUTHORIZING MENTAL HEALTH ADVANCE DIRECTIVES.
This bill affirms that a validly executed mental health directive is to be respected by all parties involved with a person's care. The legislature also declares that a person with the 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.
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.
A Public Hearing was held on this bill before the Health Care Committee, in Week Three.

HB 1067 - INSURANCE COVERAGE FOR NEURO-DEVELOPMENTAL 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 House Committee on Health Care

HB 1181 - REPORTING PRESCRIPTION DRUG PRICING
This bill would require a pharmaceutical manufacturing company, including those that manufacture generic drugs that are sold in this state, to file with the administrator:
(1) The average manufacturer price for the requested prescription drug.
(2) The price that each wholesaler in this state pays the manufacturer to purchase the requested prescription drug or drugs.
On Tuesday 2/4, at 8:00 am, this bill is scheduled for an Executive Session in the House Health Care Committee. House Hearing Room B, O'Brien Building.

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 Developmental 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

Representative Bill Fromhold, from South-western Washington, has "respectfully disagreed" with the Governor's all-cuts/no revenues approach to the deficit.

He has proposed a temporary increase in the sales tax by one-half of one percent, to be automatically repealed in two years. It would raise roughly half the amount needed to close the deficit gap, and thus spare some of the pain associated with massive budget cuts. Reasoning that raising Business & Occupation or property taxes would be more detrimental to the economy, he called this approach "the least of evils." It would be pursued as part of an overall budget plan, not as a separate bill.

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.

NOTE: Despite a $2.4 billion deficit, numerous bills have been introduced which would reduce taxes, create new exemptions or credits, and add to the deficit problem.

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.

HB 1054 - TO MAKE MEMBERS OF THE CLERGY MANDATORY REPORTERS OF ABUSE
This bill would add clergy to the list of professionals (now including counselors, nurses, teachers and others) who are mandated to make a report to the state when there is evidence of child abuse or neglect.
Among those testifying in support of the bill was the Washington Association of Churches, whose member denominations include a broad range of Christian protestant traditions. They asked for a bill that provides clear guidance as to what circumstances they would be expected to report, affects clergy in situations where they are engaged in a counseling/advising role outside of formal confession, and does not oblige a clergy-person to break a sacred trust that exists during formal confession.
A Public Hearing on the bill was heard before the House Children & Services Committee in Week Three.

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 low-income housing and 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 1050 - CONSENT FOR ALCOHOL OR DRUG TESTS.
This bill would assume that a person operating a vehicle, train, streetcar, vessel, or aircraft within the state is deemed to have given consent to a test of breath or blood for the purpose of determining the influence of alcohol or drugs -- if the vehicle is involved in a fatal collision.
Referred to Committee on Judiciary.

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.
A Public Hearing on this bill was held before the House Health Care Committee in Week Three.

HB 1183 - INCREASING PENALTIES FOR DRIVING UNDER THE INFLUENCE.
This bill concerns increased penalties for driving or physical control while under the influence.
A Public Hearing on this bill was held before the House Judiciary Committee, in Week Three.

HB 1393 - FIRST TIME OFFENDER WAIVER
This bill intends to reduce prison overcrowding, reduce recidivism, and save public funds by reinstating the 'first offender waiver' for those charged with drug offenses.
Referred to Criminal Justice and Corrections Committee.

HB 1472/ SB 5389 - RELATING TO CLEAN AND SOBER HOUSING
This bill concerns the right of landlords to evict tenants living in drug and alcohol free housing that use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.
The Senate bill was referred to the Senate Committee on Financial Services, Insurance & Housing.
The House bill was referred to the House Judiciary Committee.

SB 5355 - VOLUNTARY INTOXICATION SHALL NOT BE DEEMED LESS CRIMINAL.
This bill declares that no act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, nor shall a state of voluntary intoxication be taken into consideration in determining the existence of a mental state which is an element of the offense.
On Thursday, 2/6 at 8:00 am there will be a Public Hearing and Possible Executive Session before the Senate Judiciary Committee. Senate Hearing Room 1, Cherberg Building.

HB 5396 - COURT IMPOSED CONDITIONS OF DEFERRED PROSECUTIONS.
This bill hopes to insure continued sobriety and reduce the likelihood of re-offense. Under it, the Court may order reasonable conditions during the period of a deferred prosecution, including: attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all non-prescribed mind-altering drugs, and periodic urinalysis or breath analysis.
On Wednesday, 2/5 at 8:00 am, there will be a Public Hearing and Possible Executive Session on this bill before the Senate Judiciary Committee. Senate Hearing Room 1, Cherberg Building.

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.
A Public Hearing was held on this bill in Week Three, before the House Children & Family Services Committee.

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.

Issue:
-- Concern is growing for the fate of the 7,000-9,000 disabled, needy adults will lose their small, subsistance cash grant if the program of General Assistance Unemployable (GAU) is eliminated.
GAU provides a small cash grant of $339 per month and medical coverage to mentally or physically disabled persons who are unemployable for at least 90 days. (To receive the $339 cash grant a medical professional must provide documentation of a diagnosed medical condition.) More than half are mentally ill; the remainder have physical disabilities. GAU also provides benefits to elderly and disabled legal immigrants who are ineligible for the federal SSI (Supplemental Security Income) program due to their immigrant status. Ending the cash grant portion of the GAU program will affect emergency food and shelter programs, as well as the mental health and criminal justice systems.

Budget Items.
Once again the "Welfare Box" - which is under the Governor's direct responsibility - faces a short-fall: $35-75 million this time. The short-falls result from over-estimates of projected federal funds and under-estimates of need.

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 implementing $35 million in immediate cuts: $8 million in child care subsidies, $4 million from the Community Jobs Program, $1.5 million from support services such as clothing, transportation and other essentials for those moving from welfare to work. Deeper cuts are expected in future years.

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.
n GAU medical care, which serves about 6,600 childless adults, is cut by $65.9 million.

MISCELLANEOUS

HB 1464 - REQUIRING THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES TO WORK WITH COMMUNITY-BASED AND FAITH BASED SOCIAL SERVICES ORGANIZATIONS
Since DSHS already works with numerous community-based and faith-based groups (almost two-thirds of the dollars flowing into DSHS flow out immediately through community-based and faith-based groups) it is not clear what prompts this bill. It would require the secretary of DSHS to designate a person within each region to serve as a liaison for community-based and faith-based social services organizations, provide information about opportunities for the organizations to cooperate with the department in providing community services; identify unmet needs, and promote involvement of community-based and faith-based social services organizations - within existing resources.
On Wednesday, 2/5 at 8:00 a.m. there will be a Public Hearing on this bill before the House Children & Family Services Committee. House Hearing Room D, O'Brien Building.

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