Welcome to Policy Watch 2003
WEEK 5
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.
THE SCENE
Anyone who has lived in a place with a youth curfew has seen the TV ad. It comes on at the witching hour, as a voice asks: IT'S TEN O'CLOCK. DO YOU KNOW WHERE YOUR CHILDREN ARE?
The ad reminds viewers of the law. It also reminds them that while the law applies to teenagers, they don't have the sole responsibility. Parents and other adults, the ad makes clear, are also responsible: they need to be aware, monitoring, and taking action if it's needed.
Living in a democracy is much the same. Our legislators have been on the job for 5 weeks now - one-third of the 2003 Legislative Session - as the law requires. But they don't have the sole responsibility. We are also responsible: we need to be aware of what they are doing, monitoring the choices they are making, and taking action when it's needed.
So think of this as an email Public Service Ad:
IT'S WEEK SIX OF THE 2003 LEGISLATIVE SESSION. DO YOU KNOW WHERE YOUR SENATOR
AND REPRESENTATIVES ARE
on the issues and budget items you care most
about? If you don't, it is time to take action.
THE Issue
By now everybody knows THE big issue this year (more even than most years) is
the Budget, and specifically the $2.4 billion deficit. At first everyone seemed
a bit like deer caught in the headlights whenever the topic came up. But recently
there has been a perceptible shift in the way legislators are approaching the
topic.
Early in the Session legislators were quick to tell visitors NOT to even suggest revenues as part of the answer to the deficit. "Don't even go there " said one; "It (raising taxes to avoid some budget cuts) isn't going to happen," said another. Lobbyists were advised to tell their clients not to bring the subject up; legislators did not want to hear about it.
But silence does not come easily to citizens in a democracy. And faced with the alternative - massive cuts in basic life supports for very fragile people - a slow but steady chorus for making revenues part of the answer is being heard.
Ironically, the push to find new revenues may have gained momentum by people on the opposite side of the issue: those introducing dozens of bills for more and bigger tax breaks that can only make the deficit worse. Consider how it seems to teachers, public health workers, foster parents and police officers who are being told there isn't any money and we can't consider finding any, that some legislators are trying to get tax breaks for everything from candy stores to taxidermy. And they aren't talking about chump change: one bill - to eliminate the state's estate tax - would cost the state $25.3 million in lost revenue this year, $51.8 million next year, still more in later years.
Legislators are still uncomfortable with the subject, but they are listening, and some are actively seeking alternatives. One proposal would provide for a temporary, two-year increase in the sales tax. Since one-tenth of a cent increase in the sales tax generates roughly $100 million a year, an increase of six-tenths of a cent would generate half the revenues needed to close the deficit. Plus, its two-year time limit would keep the pressure on for the kind of long-term, structural change called for in the Gates Commission Report. Still others are considering a 10 cent/can tax on soda pop - that is estimated to generate about one-fourth of what is needed to close the deficit. Still others are looking at various ways to extend what is taxed, rather than how much each is taxed.
Another sign of the shift came this week when the Senate Ways and Means Committee finally heard public testimony on the Governor's all-cuts/no revenues proposed budget. Committee members listed as speaker after speaker detailed the pain these cuts would cause. One speaker said the Governor's budget may have been built on his "Priorities Of Government," but not the "Priorities of People." Those who spoke were clear - the Governor's budget may balance in dollar terms, but it does not represent "balance" in human or community terms. As reported by the ARC of Washington, one mother ended her comments with, "We are not asking for the world. We are just asking for our children to be part of it."
Legislators have replaced "
don't talk to me about taxes," with
a question: "what taxes would you support to fund the services you want
saved?" To their surprise, citizens reply. One recent witness offered a
list of 81 possible revenue sources! He is not alone. A number of health and
human services groups are already sending a simple, two-part message to their
legislators.
Part One: Thank you. I know we've given you a tough job with the budget. I appreciate
the time and the difficulty involved.
Part Two: Tax me. I'm willing to pay my share to make sure that children and
their families, the elderly, and people with disabilities do not have to suffer.
THE PROCESS - STAFF
Contacting our legislators is important, but sometimes they are tied up in Committee meetings or otherwise unavailable. Besides, there may be times when you really just need an explanation of a bill, or a budget item, or you need the answer to a question. When that is the case, staff are the best place to turn.
It helps to keep in mind that not all staff are the same; different staff play different roles. For most practical purposes, there are four kinds of staff.
If you call your Senator or Representative's office directly, you will be talking to one kind of staff - member's aides. Representatives each get one staff person (to help keep their calendars, answer calls, respond to letters, take messages, track legislation). Because they represent twice as many constituents, Senators each get two staff. Some are extremely knowledgeable about the bills and the positions their boss has taken on each bill. Others are new to the job and learning along with us. If they don't know something, they'll usually find out and let you know.
But whether new or experienced, most are people with the patience of saints and the calm demeanor of someone who has raised ten children. Nothing seems to bother them, as they juggle six things at once. Occasionally one of the aides will be brusque or even rude -- but that is probably because they've just been on the receiving end of a string of unpleasant calls or visits from people who've been rude to them.
If you go into one of the Committee meetings - a Public Hearing or Executive Session - you will see Committee staff in action. They work for the non-partisan Office of Program Research, and are assigned to a specific Committee, not to individual legislators. They are - or quickly become - expert in the legislation that comes before that Committee. As a result, when a bill is first called up by the Chair, it is Committee Staff who briefly explain the bill to the legislators, and answer their questions. During an Executive Session, it is Committee Staff who walk the legislators through the various amendments - explaining the impact they would have, and how they relate to existing laws on the topic. They prepare the short summaries of every bill, and do all the background preparation before a bill is heard or amended. Committee staff work for all the members of a Committee, Republicans and Democrats alike, and they are a valued resource.
By contrast, Caucus staff are partisan. They are hired to work for either the Senate Republicans or the Senate Democrats, for the House Republicans or the House Democrats. Some help legislators with their legislative work (e.g., analyzing bills, developing brief explanations of complex legislation), while others help with the practical side of political life (e.g., dealing with the media). Each caucus has its own style, but it is common for caucus staff to be assigned to a given number of legislators or a couple of Committees - so they can get to know the legislators and the needs of their districts, as well as the subject areas most important to each.
The General Legislative Staff help make our legislature a remarkably accessible body, providing indispensable assistance to legislators and public alike. They staff the Legislative Information Service (a.k.a. the Bill Room), the Toll-Free Hotline (a.k.a. the Legislative Information Center), the Third House (where all the registered lobbyists hang out and get their messages), the guided tours, the cafeteria, and the on-site security. They probably answer the same questions a zillion times a week, but they do it with polite good humor every time.
One other group of staff deserves mention: the Executive Agency staff. Sometimes a question is best answered by one of the people working for a specific agency of government. They provide back-ground information, statistics about their programs, research related to their activities, and practical information about the way the laws are implemented or would be if a proposed bill or budget is adopted. Like Committee Staff in the legislature, they are non-partisan professionals who work at their jobs no matter which party is in office.
APPPROACHING STAFF - SOME EXAMPLES
Beer Tax. A bill has been introduced that would raise the tax on beer. That sounds simple enough, but the legislation itself takes the better part of a page to explain what kind of beer is/is not included, the size of the containers (e.g., a barrel of 31 gallons), and the methods of taxation. It isn't exactly written for the average person wanting to know what it would do to the price of a beer at the local watering hole. But that is what advocates and other citizens need to know in order to understand what a proposed bill would do.
This week one of those interested parties gave up trying to understand the bill on his own and turned to the staff at the state Liquor Control Board. A stranger, calling out of the blue, he found himself getting a full and user-friendly explanation - which he then used in explaining the bill to others concerned about the bill's impact on alcohol use.
Prescription Drugs. By now there have been many news stories about the House-passed Prescription Drug bill. But news articles can- not carry all the specific details important to a particular group, e.g., people who administer, or rely on, a particular type of medication. Needing those details, a woman who helps HIV-positive clients with their drug compliance regimes, turned to staff. She was able to get detailed information about the bill by going to the office of one of the Committee staff. He paused in his other work to answer her questions and supply what she needed.
Practical help. Individual legislators' staff help constituents and legislators alike. They do everything from arranging meeting space for constituents coming to Olympia to supplying copies of bills, giving directions, setting appointments, and answering questions. A group of about 35 people wanted to come to Olympia from Bellingham but they needed a space big enough for all of them to meet together with their legislators. After a few calls to their members' aides, they found they'd been given the use of a Hearing Room for a couple of hours.
In short, these staff are the very definition of a "public servant," so good are they at "serving the public." At the same time, they serve the legislators. Nearly twenty years after he left the Legislature, one former member was able to recall the names and positions of helpful staff - people who he said made it possible for part-time legislators to do their jobs.
How to reach them.
You can get the number of your legislator's office from the phone book or the
Toll-Free Hotline. (1-800-562-6000).
Or, you can ask the Hotline operator to convey a question from you to your legislator's office. Staff will get back to you.
Or, you can use the Internet. If you have a question about the bills coming out of a Committee, call that Committee and someone will get back to you. The telephone numbers of the various Committees are listed on the House and Senate web-sites, and at the beginning of every Legislative Meeting Schedule. These staff are just one of the many valuable resources of our open democracy.
BRIEF SNAPSHOTS FROM THIS WEEK.
** One of the lobbyists for a faith-based group was overheard referring to himself and his colleagues as "the God Squad."
** Over 200 people came to talk to their legislators about the Early Childhood Education Assistance Program - ECEAP, and HEAD START. Unlike groups of business people or academics, this was a high-energy collection of moms, dads, staff, and kids. They had brightly-colored folders with big bold letters to identify them: all day ECEAP and HEAD START stared from a couple hundred armloads.
From all accounts they had a great time. Participants commented on the power that comes from " making a human connection with the people who make the decisions affecting my life ," and " how important my vote is to our elected representatives." Said another, "Coming to Olympia with a group made me feel like I had a larger voice compared to my individual efforts."
** Here's how one 12-year old summed up coming to Olympia: "I though the
trip was a good experience because I got to see all the senators and the cool
building that they stay in all day."
** An Olympia-based reporter observed that there are so many rallies and lobby
days this year (most related to proposed budget cuts), he could be a full-time
Rally Reporter, and never run out of stories.
** A large group of Homeless Youth and their supporters tried to see the Governor (without success) while they were in Olympia for a Lobby Day. After leaving written messages for him, they took a group picture of themselves gathered on the steps of his building, and sent it to him. They wanted to be sure he knew they'd been there.
** Low-Income advocates were particularly touched to see a representative from Qwest appear to testify on behalf of the Telephone Assistance Program, and Community Voice Mail. When they tried to praise him (he was the only phone company represen-tative to show up), he modestly said he didn't need any recognition.
** Gender Watch: There are nine officials elected state-wide in Washington. Only two (Attorney General Christine Gregoire and Superintendent of Public Instruction Terry Bergeson) are female.
Budget Notes:
HB 1447 - STATUTORY CHANGES NECESSARY TO IMPLEMENT the 2003-05 OPERATING BUDGET.
This is the bill that would make the changes in human services-related statutes
necessary to implement the 2003-2005 omnibus operating appropriations bill.
Referred to the House Committee on Appropriations. No hearing scheduled.
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, but would move up the effective date to April 1. 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 in the Senate Supplemental budget are reductions in adoption support,
legal services for low-income people, crime victims' assistance, and state library
services..
The House version, HB 1235, is awaiting action by the Appropriations Committee.
No hearing scheduled.
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, 2/19 at 8:00 am, the HOUSE CHILDREN & FAMILY SERVICES COMMITTEE will conduct a Work Session on Children's Administration Budget Implications. House Hearing Room D, O'Brien Building.
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/Opportunities
- 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.
Senate Bill 5034 was taken up in a Public Hearing before the Senate Ways &
Means Committee in Week Four.
2SHB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION
PROGRAM.
As amended, this bill now contains elements of several bills, dealing with:
Bulk Purchasing by state agencies, Information and Referral to free drug programs,
Preferred drug lists, and Instructions to the department to seek a Medicaid
Waiver from the federal government to create a prescription drug benefit for
low-income individuals. (The Governor's original proposal assumed funding for
a senior pharmacy Medicaid waiver would come from co-pays and deductibles levied
on children. This proposal was rejected.) Doing any of these things is contingent
on finding a funding source - no small trick given the $2.4 billion deficit.
An estimated 50,000 low-income seniors lack drug coverage, and Medicare doesn't
cover medications. Legislators in both parties appear determined to do something,
and this bill is moving. Action in Week Three included amendments adopted in
the Appropriations Committee, fast approval of the amended bill - now known
as Second Substitute House Bill (2SHB), and prompt action by the House.
The House bill was voted on by the Full House in Week Four. It passed by a vote
of 64-33. It has been sent over to the Senate Committee on Health & Long-Term
Care.
In Week Four the Senate bill was taken up in a Public Hearing before the Health
& Long-Term Care Committee.
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.
This bill was taken up in a Public Hearing before the House Committee on Criminal
Justice & Corrections in Week Four.
HB 1332/ SB 5576 - REGARDING PAYMENT FOR LONG-TERM CARE
This bill concerns contracts with facilities for assisted living services, adult
residential care. It would require the Department to include amounts that the
resident is required to pay toward his/her own care.
The House bill was referred to the House Appropriations Committee. No hearing
scheduled.
In Week Four, the Senate bill was taken up in a Public Hearing before the Senate
Health & Long-Term Care Committee.
HB 1693/ SB 5562 - REVISING THE DIRECT CARE COMPONENT FOR RESIDENTS WITH EXCEPTIONAL
CARE NEEDS.
This bill will affect payment for care.
The House bill was referred to the House Appropriations Committee. No hearing
scheduled.
In Week Four, the Senate bill (and related measures) was taken up in a Public
Hearing before the Senate Health & Long-Term Care Committee.
SB 5489 - FOR AN AGGREGATE PURCHASING PRESCRIPTION DRUG DISCOUNT PROGRAM.
This bill assumes that, by maximizing its purchasing power and taking
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.
In that way it would offer relief to those who lack prescription drug coverage.
In Week Four, this bill was taken up in a Public Hearing before the Senate Committee
on Health & Long Term Care.
SB 5730 - RELATING TO ELIGIBILITY FOR LONG-TERM CARE SERVICES UNDER MEDICAID.
This bill attempts to deal with some of the rising costs of long-term care by
reforming the current rules regarding eligibility, including a new financing
mechanism based on assets. It would also educate the public on individual responsibility
for meeting his/her long-term care needs.
On Tuesday, 2/18 at 1:30 pm, this bill will get a Public Hearing before the
Senate Committee on Health & Long-Term Care. Senate Hearing Room 4, Cherberg
Building.
Budget Items.
Home Care Workers wages. When Initiative I-775 was passed by the voters it established
a Home Care Quality Authority and gave 26,000 Independent Provider home care
workers (those contracting directly with individuals needing services) the right
to bargain for better wages and benefits. They now have an approved contract,
providing for modest wage increases, plus basic benefits. A related group of
8,000 Agency home care workers (those hired by agencies) is seeking parity.
Both work long, difficult jobs for low wages (less than $8.00/hour), no benefits,
and frequent injuries.
These very low-earning workers are now pressing the legislature to make good
on the promise of I-775. The Governor included funds for the contract in his
budget. The Legislature must vote on the contract, but cannot change it.
The Governor eliminates vendor rate increases (includes those provi-ding long-term care) and an expected home care worker increase.
The Long-Term Care Ombudsman was eliminated in the Governor's original budget proposal. It is now believed that this provision was dropped when it was learned that "elimination" would jeopardize $19 million in federal Older Americans Act (OAA) funding. However, he is still calling for a $1.2 million reduction in state funding. The Senate proposed supplemental budget, which accelerates many of the Governor's proposed cuts, did not include this reduction.
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
Work Sessions:
On Wednesday 2/19 at 8:00 am there will be a Work Session on the topics of (1)
Children's Administration Budget Implications and (2) the Office of the Family
and Children's Ombudsman, before the Children & Family Services Committee.
House Hearing Room D, O'Brien Building.
On Thursday, 2/20 at 10:00 pm, there will be a Work Session before the House Children & Family Services Committee, on the topics of (1) Washington Association of Juvenile Court Administrators, and (2) the Juvenile Rehabilitation Administration. House Hearing Room C, O'Brien Building.
HB 1545 - TO CONSOLIDATE EARLY LEARNING AND CHILD 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. As amended,
the list of early learning and child care services to be consolidated is modified,
and the duties of the Task Force created by the bill would be expanded. E.g.,
it would include developing a plan to address barriers to consolidation, such
as issues relating to facilities and transportation.
This bill was the subject of a Joint Public Hearing in Week Four, before the
House Committees on Children & Family Services, and on Education.
This bill is now before the House Appropriations Committee.
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.
This bill was the subject of a Public hearing before the Senate Committee on
Education in Week Five. Eligible for Possible Executive Session.
Budget items
SSB 5403 - The Supplemental Budget (for 2001-2003)
Passed by the Senate in Week Three, it 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
got a Public Hearing in the House Appropriations Committee in Week Four. Executive
Session on the bill could occur at any time.
HB 1447- MAKING HUMAN SERVICES-RELATED STATUTORY CHANGES NEEDED TO IMPLEMENT
THE 2003-05 APPROPRIATIONS BILL.
Offered on behalf of the Governor, the bill modifies current state statues that
relate to cuts in the Governor's budget. For example, Readiness to Learn was
cut in the proposed budget, and thus HB1447 eliminates all statutory references
to the program. This bill has been referred to the House Appropriations Committee
but has not been scheduled for a hearing.
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, 2/18, Thursday, 2/20, or Friday 2/21, the House Judiciary Committee
may take up the bill in Executive Session . House Hearing Room B, O'Brien Building.
(This is the third re-scheduling of this bill.)
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.
SHB 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.
This bill was amended and passed unanimously by the House of Representatives.
It has been referred to the Senate Committee on Children & Family Services
& Corrections.
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 amended and passed out of the House Children & Family Services
Committee in Week Four. Earlier it was announced it had a Fiscal Note showing
a savings of $1 million for the biennium.
On Monday 2/18 at 3:30 pm, it is scheduled for a Public Hearing in the House
Appropriations Committee. House Hearing Room A, O'Brien Building.
SHB 1236 -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.
This bill was voted out of the Children & Family Services Committee. It
is now in the House Rules Committee, waiting to be scheduled for Floor Action.
HB1272/ SB 5630 - ESTABLISHING 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 Tuesday, 2/17 at 1:30 pm, the House bill may be taken up in Executive Session
before the House Children and Family Services Committee.
On Tuesday, 2/18 at 8:00 am, or Wednesday, 2/19 at 8:00 am, the Senate Children
& Family Services & Corrections Committee may take up the Senate bill
in Executive Session. Senate Hearing Room 4, Cherberg building. Also on TVW.
HB 1784 - IMPROVING COORDINATION OF SERVICES FOR CHILDREN'S MENTAL HEALTH
This bill expresses support for the recommendations contained in the recent
study conducted by the Joint Legislative Audit and Review Committee and directs
the Department of Social and Health Services and the Office of the Superintendent
of Public Instruction to implement the recommendations. Further, the bill directs
DSHS to collect and analyze mental health cost, service, and outcome data specific
to children.
On Wednesday, 2/18 at 8:00am, this bill will get a Public Hearing in House Children
and Families 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. In addition it could have a chilling
effect on disclosure of domestic violence and other safety concerns.
On Tuesday, 2/18 at 8:00 am, or Wednesday, 2/19 at 8:00 am, the Senate Children
& Family Services & Corrections Committee may take up the Senate bill
in Executive Session. Senate Hearing Room 4, Cherberg building. Also on TVW.
SB 5252 - REQUIRING LIBRARY STAFF TO REPORT CHILD ABUSE AND NEGLECT.
This bill adds librarians and library staff to the list of those who are required
by law to be mandatory reporter of child abuse and neglect.
On Tuesday, 2/18 at 8:00 am, or Wednesday, 2/19 at 8:00 am, the Senate Children
& Family Services & Corrections Committee may take up the Senate bill
in Executive Session. Senate Hearing Room 4, Cherberg building. Also on TVW..
SB 5379 - 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.
This bill was voted out of the Senate Children and Family Services & Corrections
Committee and will likely go directly to the Senate Rules Committee.
SB 5474 - CREATING A KINSHIP CAREGIVER'S AUTHORIZATION AFFIDAVIT
This bill contains the medical and educational affidavits for kinship caregivers
to provide consent on medical and educational matters. (also contained in HB
1233).
Referred to the Senate Children & Family Services & Corrections Committee.
SB 5779- RELATED TO SIBLING RELATIONSHIPS FOR DEPENDENT CHILDREN
This bill requires that when a court orders a child removed from home the court
make every effort to place the child with siblings unless there is reasonable
cause to believe the health, safety, or welfare of the child or siblings would
be jeopardized. If not placed with siblings the court must consider contact
or visits with siblings, and if the parent-child relationship is terminated
the status of the child's sibling relationships must be addressed
unless
there is reasonable cause to believe the health, safety or welfare of the child
would be jeopardized. Finally, the bill requires that when parental rights have
been terminated, the child placing agency must ensure that siblings are placed
together or enabled to contact or visit, unless there is risk to the health,
safety, or welfare of the child.
On Wednesday, 2/18 at 8:00am, there will be a Public Hearing in Senate Children
and Families Committee in Hearing Room 4 in the Cherberg 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/OPPORTUNITIES
HB 1079/ SSB 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.
The Senate bill was amended during Executive Session and passed out of the Senate
Higher Education Committee. It is now before the Senate Rules Committee, waiting
to be scheduled for Floor Action.
In Week Five the House bill was amended and passed out of the House Committee
on Higher Education. It is now before the House Rules Committee, waiting to
be scheduled for Floor Action.
HB 1090 -TRAFFICKING OF PERSONS.- Task Force
This bill would extend the life of the Washington state task force against the
trafficking of persons, created by legislation in 2002.
This bill was passed out of the House Committee on Criminal Justice & Corrections.
It is now before the House Rules Committee, waiting to be scheduled for Floor
Action.
SHB 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.
The House bill passed out of the House Committee on Financial Institutions &
Insurance. It is now before the House Rules Committee, waiting to be scheduled
for Floor Action.
SHB 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 amended in Committee, and is now on the House Floor. Action by
the full House is possible at any time.
HB 1809 - EXPANDING THE JURISDICTION OF THE HUMAN RIGHTS COMMISSION
This bill would include sexual orientation in prohibited discriminatory acts.
Thus, the right to be free from all forms of discrimination would apply not
only to race, creed, color, national origin, sex, and disability, but also to
sexual orientation.
Referred to the House Committee on State Government.
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.
SB 5631 - MAKING IT A CRIME TO TRAFFIC IN PERSONS
Although not a "companion bill" to HB 1175, the bills deal with similar
content: penalties for committing the "crime of trafficking" in its
many forms and degrees.
In Week Five this bill was the subject of a Public Hearing before the Senate
Judiciary Committee. Now eligible for Possible Executive Session.
DISABILITIES
Work Session
On Thursday, 2/20 at 3:30 pm, there will be a Work Session on the Joint Legislative
Audit and Review Committtee Audit of the Developmental Disabilities Division,
before the House Appropriations Committee. House Hearing Room A, O'Brien Building.
HB 1272/ SB 5630 - 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.
In Week Four there was a Public Hearing on this bill before the House Children
& Family Services Committee.
In Week Five there was a Public Hearing on the Senate bill before the Senate
Children & Family Services & Corrections Committee.
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.
In Week Five the House bill was taken up in a Public Hearing before the House
Committee on Health Care.
In Week Five, the Senate bill was taken up in a Public Hearing before the Senate
Committee on Health and Long-Term Care.
HB 1694/ 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 Cttee on Health & Long Term Care.
In Week Five, the House bill was taken up in a Public Hearing before the House
Health Care Committee.
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.
In response to family-members' concerns, a new, substantially revised version
of the Senate bill is expected shortly.
On Tuesday, 2/18, at 5:30 pm (a new time), the House bill will get a Public
Hearing before the House Children and Family Services Committee. House Hearing
Room A, O'Brien Building.
(This is a long and complex bill. Detailed comments on provisions of this bill are available from the ARC of Washington State. Contact: grier@arcwa.org.)
HB 1630 - RELATING TO THE DISPOSITION OF SURPLUS FACILITIES FOR PERSONS WITH
DEVELOPMENTAL DISABILITIES.
This bill would direct that net proceeds of the sales of any building,
facility, or tract of land not held in trust at any of the residential
habilitation centers go to supplement funding or restore reductions in
employment and day services with priority given to prevocational
services.
On Tuesday, 2/18 at 1:30 pm, this bill will get a Public Hearing before the
House Committee on State Government. House Hearing Room D, O'Brien Building.
HB 1736 - CONCERNING THE ROLE OF GUARDIANS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
This bill would change the guardianship law with regard to residential
placement rights. Advocates for people with disabilities oppose the changes.
On Thursday, 2/20 at 8:00 am. this bill will get a Public Hearing before the
House Committee on Judiciary. House Hearing Room B, O'Brien Building.
HB 1770 - RELATING TO SERVICES FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES
This bill would make the appropriate components of current services and supports
available to an eligible child with developmental disabilities at a level comparable
to that provided in the voluntary placement program, excluding room and board.
The intent is to
assist families in keeping the child in the family home until it is appropriate
and feasible for the child to live elsewhere.
On Tuesday, 2/18 at 6:00 pm this bill will get a Public Hearing before the House
Committee on Children & Family Services. House Hearing Room A, O'Brien Building.
HB 1804 - RELATING TO EARLY INTERVENTION SERVICES FOR CHILDREN WITH DISABILITIES.
This bill would require school districts to extend special education
services to include children with disabilities from age birth to three, and
to provide these early intervention services in partnership with county birth-to-three
lead agencies and birth-to-three providers.
Referred to the House Committee on Children & Family Services.
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.
On Tuesday, 2/18 at 3:30 pm, this bill will get a Public Hearing before the
Senate Committee on Highways & Transportation. Senate Hearing Room 1, Cherberg
Building. Also on TVW.
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 Wednesday, 2/19 at 3:30 pm, this bill is listed for Executive Session before
the Senate Committee on Highways & Transportation. Senate Hearing Room 1,
Cherberg Building.
SB 5460 - 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.
In Week Five this bill had a Public Hearing before the Senate Committee on Health
& Long Term Care. Eligible for Possible Executive Session.
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.
In Week Four there was a Public Hearing on this bill before the Senate Judiciary
Committee.
SB 5692 - HEALTH AND HUMAN SERVICES INFORMATION REFERRAL
This bill would create a single, user-friendly telephone number, 211, for public
access to information and referral for health and human services, and also for
disaster-related information.
Referred to the Senate Committee on Children & Family Services & Corrections.
No hearing scheduled yet.
SB 5760 - EXPANDING EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH DISABILITIES.
This bill would encourage state agencies and departments to purchase products
and/or services manufactured or provided by community rehabilitation programs
and businesses owned and operated by
persons with disabilities. Creates incentives for increased wages,
supported employment and career advancement.
Referred to the Senate Committee on Government Operations & Elections. 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.
The Long-Term Care Ombudsman was eliminated in the Governor's original budget proposal. It is now believed that this provision was dropped when it was learned that "elimination" would jeopardize $19 million in federal Older Americans Act (OAA) funding. However, he is still calling for a $1.2 million reduction in state funding. The Senate proposed supplemental budget, which accelerates many of the Governor's proposed cuts, did not include this reduction.
Also eliminated would be the 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
HB 1067/ SB 5445 - INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
Though not strictly "companion" bills, these bills are very similar.
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.
SHB 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.
During Executive Session the House Bill was amended. The substitute bill requires
that specific topics, instead of entire sexuality education courses, be taught
with medically accurate information, and that statistics regarding the success
and failure rates of contraceptives be medically accurate. The substitute bill
also declares that school districts still have the authority to select their
curriculum.
The Senate bill was referred to the Senate Education Committee. No hearing scheduled.
In Week Five the House bill was taken up in Executive Session before the House
Committee on Health, and voted out. It goes next to the House Rules Committee.
HB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION
PROGRAM.
This bill passed the full House by a 64-33 vote in Week Four. See description
under this entry in Aging/Long-Term Care. It is now pending before the Senate
Committee on Health & Long-Term Care.
HB 1299 - STATE PURCHASED HEALTH CARE PROGRAMS
This bill would direct the Health Care Authority to coordinate state agency
efforts to develop and implement uniform policies across state- purchased health
care programs. This bill also states that policies adopted should be based upon
the best available scientific and medical evidence.
Referred to the House Committee on Health Care. A fiscal note is attached to
this bill. No hearing scheduled.
HB 1412/ 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.
The House bill was referred to the House Committee on Fisheries, Ecology &
Parks. No hearing scheduled.
HB 1532 - PROHIBITING SMOKING IN PUBLICLY OWNED RESIDENCE HALLS AT INSTITUTIONS
OF HIGHER EDUCATION.
In Week Five, this bill had a Public Hearing before the House Committee on Health
Care.
HB 1621/ SB 5567 - RELATING TO MODIFICATION OF THE MANDATORY NURSE REVIEW OF
MEDICAID PERSONAL CARE PLANS
This bill provides that clients be assessed as having a medical condition requiring
assistance with personal care tasks. Plans of care for clients requiring health-related
consultation for assessment and service planning may be reviewed by a nurse.
In Week Five this bill had a Public Hearing before the House Health Care Committee.
In Week Five, this bill had a Public Hearing before the Senate Health &
Long-Term Care Committee.
HB 1825/ SB 5421 - REQUIRING NEWBORN HEARING SCREENING.
This bill would provide that all children be evaluated for hearing loss, using
a safe and painless test that is easy to administer. Since undetected hearing
loss significantly impairs speech, language, cognitive, and social-emotional
development, screening of newborns for early hearing loss would provide personal
and financial benefits to the individual and to society. The majority of states
have adopted policies or mandates supporting early hearing detection and the
state board of health has recommended adding screening for early hearing loss
to newborn screening requirements.
In Week Five, the Senate bill had a Public Hearing before the Senate Committee
on Health & Long-Term Care.
The House bill was referred to the House Health Care Cttee.
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.
In Week Five, this bill had a Public Hearing before the Senate Committee on
Health & Long Term Care.
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.
In Week Five, this bill had a Public Hearing before the Senate Committee on
Natural Resources, Energy & Water.
SB 5704 - REQUIRING BUSINESSES TO PAY AMOUNTS EQUAL TO AMOUNTS ITS EMPLOYEES
PAY IN PREMIUMS TO THE BASIC HEALTH PLAN.
Among its provisions, this bill would provide for an employer or other financial
sponsor to pay the premium, rate, or other amount on behalf of a subsidized
or non-subsidized enrollee, and to develop a basic health plan model plan with
uniformity in enrollee cost-sharing requirements.
On Wednesday, 2/19 at 1:30 pm, this bill will get a Public Hearing before the
Senate Committee on Health & Long-Term Care. Senate Hearing Room 4. Also
on TVW.
HB1868/ SB 5791 - PROHIBITING SMOKING IN PUBLIC PLACES.
This bill would ban smoking in all indoor public places in
Washington. All businesses would be subject to the ban,
Including restaurants, bars, taverns and bowling alleys. The bill is modeled
similar bills enacted in California in 1998, and in a number of major American
cities.
The House bill was referred to the House Health Care Committee.
The Senate bill was referred to the Senate Committee on Health & Long-Term
Care.
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. 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.
Senate Bill 5034 was taken up in a Public Hearing before the Senate Ways &
Means Committee in Week Four.
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.
No hearing Scheduled.
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
HB 1554 - CONCERNING FOOD STAMP ELIGIBILITY
This bill refers to the need "in these dire economic times" to maximize
federal food assistance to low-income individuals. It would exempt certain individuals
from some eligibility restrictions.
In Week Five this bill had a Public Hearing before the House Committee on Children
& Family Services.
HB 1866 - IMPROVING NUTRITION IN PUBLIC SCHOOLS
This bill would require the development of statewide recommenda-tions for local
school boards to follow when setting the nutritional content of meals served
in public schools, course curricula regarding nutrition, and policies concerning
competitive foods in the schools. It also directs school directors to develop
a nutritional integrity policy and incorporate principles of nutrition education
and the recommendations of the departments of health and of agriculture on healthy
dietary practices into the district's meal program and competitive food policy.
On Wednesday, 2/19 at 6:00 pm, this bill will get a Public Hearing before the
House Health Care Committee. House Hearing Room B, O'Brien Building.
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.
EFAP - the EMERGENCY FOOD ASSISTANCE PROGRAM - would not be cut in the Governor's
proposed Budget.
JUVENILES/YOUTH
SHB 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.
The bill was amended before being voted out of the Juvenile Justice Committee.
It is now before the House Rules Committee, waiting to be scheduled for Floor
Action.
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."
This bill was passed by the House of Representatives in Week Five. It is now
in the Senate Children & Family Services & Corrections Committee.
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.
In Week Five this bill passed the full House of Representatives unanimously.
It has been referred to the Senate Committee on Children & Family Services
& Corrections.
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 Department of
Corrections (DOC) upon intake, to determine if the offender is eligible to be
transferred to a juvenile facility. It also requires the Department of Social
and Health Services (DSHS) to jointly develop with the DOC, screening criteria
for these transfers.
On Tuesday, 2/18 at 3:30 pm, this bill will get a Public Hearing before the
House Appropriations Committee. House Hearing Room A, O'Brien Building. Also
on TVW.
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 (except those
with LICSW status) 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.
The bill is now in the House Rules Committee, waiting to be scheduled for Floor
Action.
HB 1612 - NOTIFICATION TO PARENTS OF THE MENTAL HEALTH TREATMENT OPTIONS FOR
MINORS.
This bill requires evaluation and treatment facilities to provide written and
verbal notice of all statutorily available treatment options to parents/guardians
of a minor child when the parent/guardian seeks to have the minor child treated
at an evaluation and treatment facility.
In Week Five this bill had a Public Hearing in the House Juvenile Justice committee.
It is eligible for Executive Session.
HB 1718 - TREATMENT OF MINORS.
This bill changes the age of consent for chemical dependency treatment of a
minor to age16. This means that parental consent is required for inpatient chemical
dependency treatment of a minor under the age of 16 unless the child meets the
definition of a "Child In Need of Services." Currently, parental consent
is required for the treatment of minors under the age of 13. This change makes
the age of consent for chemical dependency treatment the same as that being
proposed for mental health treatment (HB1320).
On Tuesday, 2/18 at 8:00 am there will be a Public Hearing before the House
Juvenile Justice & Family Law Committee. House Hearing Room C, O'Brien Building.
HB 1782 - CREATING A COMPETITTIVE GRANT PROGRAM FOR NONPROFIT YOUTH ORGANIZATIONS
This bill would establish a competitive process to solicit proposals for projects
to assist nonprofit youth organizations in acquiring, constructing, or rehabilitating
facilities used for the delivery of nonresidential services. Does not include
outdoor athletic fields.
On Wednesday, 2/19 at 8:00 am, this bill will get a Public Hearing before the
House Capital Budget Committee. House Hearing Room B, O'Brien Building.
HB 1820 - CHANGING PROVISIONS CONCERNING YOUTH SHELTER NOTIFICATION TO PARENTS
ABOUT RUNAWAY YOUTH.
This bill provides that a professional employed by a licensed overnight youth
shelter or similar organization, shall report the location of the child to the
parent, the law enforcement agency of the jurisdiction in which the person lives,
or DSHS within seventy-two hours after having knowledge that the minor is away
from a lawfully prescribed residence or home without parental permission. The
report may be made by telephone or any other reasonable means. This change has
been long desired by youth shelter providers.
On Tuesday, 2/18 at 8:00 am, this bill will get a Public Hearing before the
House Juvenile Justice & Family Law Committee. House Hearing Room C, O'Brien
Building.
HB 1824- DEVELOPING CRITERIA TO ENSURE QUALITY CONTROL IN RESEARCH BASED TERARMENT
PROGRAMS FOR JUVENILES.
This bill states that research-based treatment programs, used within the juvenile
justice system, reduce recidivism rates only if such programs are delivered
competently. Further, the bill directs the Washington State Institute for Public
Policy to develop general criteria designed to ensure adherence to proven practices
in research-based treatment program. The criteria shall include measures for
ongoing and accurate monitoring and tracking of competent treatment delivery
and from continual improvement of treatment delivery.
On Tuesday, 2/18 at 8:00 am, there will be a Public Hearing in the House juvenile
Justice and Family law committee in Hearing Room C. In the O'Brien building.
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 - 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."
This bill was passed by the House of Representatives in Week Five. It is now
in the Senate Children & Family Services & Corrections 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. A fiscal note is now attached to this bill
HB 1067/ SB 5445 - INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
Though not strictly "companion" bills, these bills are very similar.
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 Health Care Cttee.
The Senate bill was referred to the Senate Committee on Health & Long-Term
Care. No hearings scheduled.
HB 1180 - AFFORDABLE DRUG COVERAGE
Although not a companion bill to SB 5406, this bill also refers to establishing
a Medicaid senior prescription drug program.
Introduced by request of the Governor and referred to the House Health Care
Committee
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.
There was an Executive Session on this bill in the House Health Care Committee
in Week Four.
HB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION
PROGRAM.
This bill passed the full House by a 64-33 vote in Week Four. See description
under this entry in Aging/Long-Term Care.
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 (except those
with LICSW status) 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.
The bill is now in the House Rules Committee, waiting to be scheduled for Floor
Action.
HB 1612 - NOTIFICATION TO PARENTS OF THE MENTAL HEALTH TREATMENT OPTIONS FOR
MINORS.
This bill requires evaluation and treatment facilities to provide written and
verbal notice of all statutorily available treatment options to parents/guardians
of a minor child when the parent/guardian seeks to have the minor child treated
at an evaluation and treatment facility.
In Week Five this bill had a Public Hearing in the House Juvenile Justice committee.
It is eligible for Executive Session.
HB 1785/ SB 5461 - LIMITING THE DISCLOSURE OF CLIENT INFORMATION
This bill hopes to address issues of confidentiality regarding 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 Tuesday 2/18, at 8:00 am, the House bill will get a Public Hearing before
the House Health Care Committee. House Hearing Room B, in the John L. O'Brien
Building.
In Week Four the Senate bill was the subject of a Public Hearing held before
the Senate Health and Long-Term Care Cttee.
1828 - REQUIRING THAT INSURANCE COVERAGE FOR MENTAL HEALTH SEVICES BE AT PARITY
WITH MEDICAL AND SURGICAL SERVICES.
This bill recognizes that the benefits of improved access to mental health services
are significant, and that it is not cost-effective to treat persons with mental
disorders differently than persons with medical and surgical disorders. The
bill intends that insurance coverage for mental health services be delivered
under the same terms and conditions as medical and surgical services.
On Friday, 2/21 at 8:00 am, this bill will get a Public Hearing before the House
Committee on Financial Institutions & Insurance. House Hearing Room C, O'Brien
Building. There is also a possibility of Executive Session on this bill.
HB 1871/ SB 5521 - ACCESS TO HEALTH INSURANCE
The Senate bill would change what employers with less than 50 employees must
provide in a minimum health insurance policy. It would eliminate the requirement
for substance abuse treatment and mental health treatment, among other treatments.
Advocates are concerned about this bill and watching it closely.
The House bill was referred to the House Health Care Committee. No hearings
scheduled
In Week Four there was a Public Hearing on the Senate bill before the Senate
Health & Long-Term Care Committee.
SSB 5216 - REDUCING THE NUMBER OF EVALUATORS REQUIRED FOR MENTAL HEALTH EVALUATIONS.
The original bill 5216 was not considered. The intent of this substitute bill
is to change the now-required two evaluators needed to evaluate a person's mental
competency. Eastern Washington courts generally do not waive the two-person
mental competency requirement that is common in Western Washington. This can
lead to longer stays in the facility and increased costs. In this bill when
there is reason to doubt the competency of a defendant, other than a defendant
charged with "a most serious offense", the court must request the
Secretary of the Department of Social and Health Services to appoint one professional
person and report on the mental condition of the defendant.
This bill is now in the Senate Rules Committee where it is waiting to be scheduled
for Floor Action.
SB 5383 - ESTABLISHING AND ADVERTISING 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.
In Week Five this bill was the subject of a Public Hearing before the Senate
Committee on Health and 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.
In Week Four there was a Public Hearing on this bill before the Senate Judiciary
Committee.
HB 5489 - STATE PURCHASING PRESCRIPTION DRUG DISCOUNT PROGRAM
A bill that would have the state maximize their buying power as a major buyer
of prescription drugs. By flexing their buying power muscle, this act suggests
that the state should be able to reduce the prices that they are now paying
for prescription drugs and help those in need who lack prescription drug coverage.
This bill was the subject of a Public Hearing held before the Senate Health
and Long-Term Care Committee in Week Five.
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.
Another proposal under discussion by several legislators would impose a ten-cent-a-can increase on the sale of sodas. That is esti-mated to generate $684 million over the two year biennial budget.
HB 1401/ SB 5186 - TO MAKE STATE LAW CONFORM TO CHANGES IN FEDERAL ESTATE TAX
.
This bill would eliminate one of the few remaining progressive elements in the
Washington State tax structure, despite a recent national study showing our
state structure is already the most regressive in the nation. The bill would
cost the state $25.3 million in lost revenue in 2003, $51.8 million in 2004,
more in subsequent years. Current law includes exemptions for small business
and family farms.
The House bill was referred to the House Finance Committee.
The Senate bill was referred to Senate Ways & Means Cttee.
HB 1737 - RELATING TO REPEALING OUTDATED AND UNUSED TAX PREFERENCES.
This bill would review and eliminate tax exemptions, deductions, credits and
other preferences that have outlived their usefulness, and/or stand unclaimed
in recent years. The intent of the bill is to update and simplify the tax statutes.
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. No hearing
scheduled yet.
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. No hearing
scheduled yet.
SB 5700 - CREATING THE TAX-ME-MORE ACCOUNT
This bill purports to acknowledge individuals who "believe they are undertaxed
and that advocate a greater tax burden for Washingtonians
." by creating
a "tax-me-more account" to which any person may contribute any amount
of money. It appears to mock those trying to find more humane approaches to
the deficit than the elimination of basic life supports to very fragile people.
On Monday, 2/17 at 3:30 pm, this bill will get a Public Hearing before the Senate
Ways and Means Committee. Senate Hearing Room 4, Cherberg Building. Also on
TVW.
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. No hearing scheduled yet.
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.
In Week Three there was a Public Hearing on the bill before the Senate Committee
on Ways & Means.
NOTE: These are only a few of the bills introduced this year that would affect taxes. 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. Several pages of bills proposing tax changes are listed in the "Topical Index" under BILL INFO (at www.leg.wa.gov).
RULEMAKING
A number of Bills propose changes to Washington State's Adminis-trative 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, and HB 1531 (which would require the governor's signature on significant legislative rules).
Some changes in the Rulemaking process have already passed in the Full Senate. E.g., SB 5255 would limit agency rule-making authority without legislative approval, SB 5256 would require cost-benefit analyses of rules, SB 5257 would require Governor approval of rules.
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. It is eligible for "possible Executive Session."
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. It is eligible for "possible Executive Session."
HB 1645/ SB 5524 - ADDRESSING PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL
ASSAULT, OR STALKING IN THE RENTAL OF HOUSING.
This bill attempts to deal with the fact that victims of violence may be forced
to remain in unsafe situations because they are bound by residential lease agreements,
that without access to safe housing they may stay in abusive or dangerous situations,
and that they may face difficulty in finding rental housing because of a past
history as a victim of these crimes. Just because a prospective tenant has been
a victim of domestic violence, sexual assault, or stalking that should not be
relevant to the decision whether to rent to that prospective tenant.
In Week Five, the House bill was the subject of a Public Hearing before the
House Judiciary Committee.
In Week Five, the Senate bill was the subject of a Public Hearing before the
Senate Financial Institutions and Housing Committee. Eligible for Possible Executive
Session.
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.
The Senate Judiciary Committee voted to send this bill out without recommendation
(neither pass nor reject), and refer it next to the Senate Committee on Children
& Family Services & Corrections. No hearing scheduled yet.
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. No hearing scheduled yet.
SB 5532 - REQUIRING ADDITONAL PERSONAL HISTORY FROM CUSTOMERS OF INTERNATIONAL
MATCHMAKING ORGANIZATIONS
Among the additional information required would be any founded allegations of
child abuse or neglect; and any existing no contact or anti-harrassment protection
orders. This bill would not apply to traditional matchmaking organizations of
a religious nature that operate in compliance with the law and does not charge
a fee.
This bill was voted out of the Senate Children & Family Services & Corrections
Committee. It is now before the Senate Rules Committee, waiting to be scheduled
for Floor Action.
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/ SSB 5355 - VOLUNTARY INTOXICATION SHALL NOT BE DEEMED LESS CRIMINAL.
Under the House bill, voluntary intoxication will not be allowed as a defense
against a criminal charge.
The Senate bill was amended before being voted out. No act committed by a person
while in the state of voluntary intoxication will be deemed less criminal by
reason of his or her condition, nor shall a state of voluntary intoxication
be taken into consideration in determin-ing the existence of a mental state
which is an element of the offense.
The House bill was referred to the House Committee on Judiciary; no hearings
scheduled.
The Senate bill has moved to the Senate Rules Committee where it is waiting
to be scheduled for Floor Action.
HB 1026 - PRIVATIZING RETAIL AND WHOLESALE LIQOUR SALES.
This bill would propose the transfer of liquor sales from state to private wholesale
and retail franchises.
Referred to the House Commerce and Labor Committee. 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. No hearing scheduled.
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.
SHB 1118 - PENALTIES FOR PUBLIC DRINKING
A bill that would give local counties or cities the option of changing the charge
of public drunkenness from a class 3 civil infraction to a misdemeanor, if this
offense were to happen in a business district or an alcohol impact area.
In Week Five this bill was amended and voted out of the Committee on Criminal
Justice and Corrections. It is now before the House Rules Committee, waiting
to be scheduled for Floor Action.
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 Judi-ciary Committee,
in Week Three.
HB 1255 - RAISING EXCISE TAXES ON BEER.
This bill proposes raising the tax on a barrel of beer by $23.66. This proposed
increase would be earmarked for two areas. One area would be for law enforcement
and prevention where funding would be increased by approximately $4 million/year.
The other area would be the Violence Reduction and Drug Enforcement - VRDE -
Account which would be increased by approximately by $75 million/year. The Health
Services account would not be increased by this bill; rather, it may lose money
based on predictions that consumption may drop due to the price increase of
this tax, which would raise the price of a 12 ounce beer between 7 and 10 cents
per bottle.
The Office of Financial management is expected to release projected revenues
and the estimated cost increase of beer, compiled by the Liquor Control Board,
"sometime" in the week of 2/17 - 2/23.
Referred to the House Finance Committee.
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. No hearing scheduled.
HB 1423/ SSB 5442 - INCREASING PENALTIES FOR MANUFACTURING METHAMPHETAMINE
The maximum period of incarceration for manufacture of metham-phetamine is increased
from 10 years to 20 years. By making manufacturing a class A felony, it is a
"most serious offense" counting as a "strike" under the
persistent offender provisions.
The House bill is now before the House Appropriations Committee. No hearings
scheduled.
In Week Five the Senate bill was voted out of the Senate Judiciary Committee.
There is a fiscal note attached to this bill, so it is likely to go next to
Ways & Means.
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.
In Week Four, the House bill was the subject of a Public Hearing before the
House Judiciary Committee.
The Senate bill is now in the Senate Rules Committee, waiting to be scheduled
for Floor Action.
HB 1577 - PRESCRIBING RESTRICTED DRIVERS' LICENSES FOR ALCOHOL VIOLATORS
This bill would allow a person whose license has been suspended or revoked to
apply to the department for issuance of a restricted driver's license upon furnishing
to the department proof that a breath alcohol ignition interlock device has
been installed in his or her vehicle.
On Tuesday, 2/18 at 1:30 pm, there will be a Public Hearing before the House
Judiciary Committee. House Hearing Room B, in the O'Brien Building.
HB 1619 - INCREASING PENALTIES FOR DRIVING WHILE UNDER THE INFLUENCE WITH CHILDREN
IN THE VEHICLE
This bill would provide that if a person is convicted of driving under the influence
while a passenger under the age of sixteen was in the vehicle, the court would
add 60 days to any mandatory minimum period of confinement, and add 60 days
to any minimum period of electronic home monitoring.
In Week Five there was a Public Hearing before the House Judiciary Committee.
SB 5120 - CHANGING PROVISIONS RELATING TO IGNITION INTERLOCK DEVICES.
This bill would require the Department of Licensing, instead of the courts,
to impose the requirement that a person with a DUI, or who refused to take a
sobriety test, drive only a vehicle equipped with an ignition interlock device.
Referred to the Senate Judiciary Committee. No hearings scheduled yet.
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.
In Week Five it moved to the Senate Rules Committee, where it is waiting to
be scheduled for Floor Action.
SB 5521 - ACCESS TO HEALTH INSURANCE.
This bill would change what employers with less than 50 employees must provide
in a minimum health insurance policy. It eliminates the requirement for substance
abuse treatment, mental health treatment and a number of other items.
A Public Hearing was held on this bill in Week Four, before the Senate Committee
on Health and Long-Term Care.
SB 5522 - CREATING A PILOT PROJECT TO STUDY THE FEASIBILITY OF PRIVATIZING
LIQUOR RETAILING
This bill would require the closing of 25 of the 157 state stores by 12/31/05.
(This is a substitute for SB 5036.) Public health and prevention advocates testified
against the bill, raising concerns with increases in retail alcohol availability.
A Public Hearing was held on the bill in Week Three before the Senate Commerce
& Trade Committee. It is eligible for Executive Session at any time.
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/ SB 5660- 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."
In Week Five, this bill was the subject of a Public Hearing before the House
Committee on Higher Education.
The Senate Bill was referred to the Senate Committee on Higher Education. No
hearing scheduled.
HB 1465 - MODIFYING EXEMPTIONS OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
As growing numbers of TANF recipients reached their time limits, it was acknowledged
that those limits were unreasonable in certain circumstances (disability, domestic
violence, unusual circumstances). This bill appears to limit some of those potential
extensions of the time limit to receive TANF.
In Week Five, this bill was the subject of a Public Hearing before the House
Children and Family Services Committee.
HB 1624/ SB 5591 - MODIFYING THE WASHINGTON TELEPHONE ASSISTANCE PROGRAM.
Community service voice mail provides new and economically efficient ways to
assist low-income persons who are not customers of local exchange telephone
service. This bill would authorize a discount on a community service voice mailbox
that provides recipients with: (1) An individually assigned telephone number;
(2) The ability to record a personal greeting; and (3) A secure private security
code to retrieve messages. This voice mail service may include toll-free lines
in community action agencies through which recipients can access their community
service voice mailboxes at no charge.
In Week Five, the House bill got a Public Hearing before the House Committee
on Technology, Telecommunications & Energy.
The Senate bill was referred to the Senate Committee on Technology and Communications.
No hearing scheduled.
HB 1635 / SB 5619 - REVISING REPORTING REQUIREMENTS FOR INCOME AND RESOURCES
UNDER THE PUBLIC ASSISTANCE PROGRAM.
This bill concerns benefits transferred electronically, including those transferred
in error.
The Senate bill was referred to the Senate Committee on Children & Family
Services & Corrections.
On Monday, 2/17 at 1:30 pm, the House bill will be the subject of a Public Hearing
before the House Children & Family Services Committee. House Hearing Room
D, O'Brien building.
SB 5636 - EXEMPTING VICTIMS OF FAMILY VIOLENCE FROM CERTAIN TANF REQUIREMENTS.
This bill directs DSHS to exempt a recipient and the recipient's family from
certain requirements if the recipient meets the family violence options. The
bill intends that individuals be allowed to participate safely in the WorkFirst
requirements, be provided with adequate assessment for domestic violence as
well as referrals to community-based victims services, and be afforded some
flexibility in the application of TANF requirements.
On Tuesday, 2/18 at 8:00 am, this bill will get a Public Hearing before the
Senate Committee on Children & Family Services & Corrections. Senate
Hearing Room 4, Cherberg Building. Also on TVW.
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.
In Week Four there was a Public Hearing on this bill before the House Children
& Family Services Committee.
SB 5692 - HEALTH AND HUMAN SERVICES INFORMATION REFERRAL
This bill would create a single, user-friendly telephone number, 211, for public
access to information and referral for health and human services, and also for
disaster-related information.
Referred to the Senate Committee on Children & Family Services & Corrections.
No hearing scheduled yet.
