Welcome to Policy Watch 2003
WEEK
8
Every POLICY WATCH has three parts. (1) Information: on contacting
legislators, learning more about issues, etc. This section was up-front the first
week; it has been moved to the end. (2) A description of what is happening week
by week in Olympia. (3) Brief items about specific bills, arranged by category.
This bulletin focuses primarily on health, social welfare, and low-income
issues. And while it attempts to give readers enough information to guide actions
(calls, letters, visits), it will not take positions or urge a particular action.
That is up to you.
Go to Part III Issues
THE
SCENE
Citizens are always in evidence in Olympia, but some groups make
the scene especially vivid. This week was no exception, as just these few examples
illustrate.
-- On Monday the Senate Ways & Means Committee found itself
with an astonishing list of 180 people wishing to testify on a single bill. Only
40 could be heard in the time available, but it was a vivid reminder of the lives
- and emotion - behind the deceptively dry legislative language of bills.
The
bill that drew so much interest is SB 5971: to authorize the sale (and closing)
of the Fircrest Facility - a "residential habilitation center" built
for over a thousand that now houses just 262 people with disabilities. It is partly
about a way to find scarce funding by selling off valuable property and using
the proceeds to fund services in other facilities or the commun-ity. But it is
more profoundly about the clash between those who seek to replace large-scale
institutions with community-based services, and those who fear the change - including
the 754 state employees whose jobs or job locations would change. (One disability
rights advocate was heard to say that if those state workers thought living there
was such a great idea, they should move in, with their families, and improve the
economies of scale.)
All this Session, advocates for people with disabilities
have had a striking impact on their elected officials. A much-disliked bill designed
by DSHS (HB 1623/ SB 5566) got nowhere. Declared "dead" early in the
Session, it was soon replaced by something (SB 5873) that family members and advocates
regarded as an improvement… but not yet good. That bill was revised, passed
through Committee, and is now under discussion … because the citizens most
affected by it want it changed yet again -- if and when it gets to the House.
As recently as the 1960's, policies affecting people with disabilities
were made entirely by others - often with the thought of getting "them"
out of sight and into institutions. All that changed when three moms and an educator
started organizing helpful service providers and other families. Today we have
all come to expect accessible transportation, curb cuts, sign language interpreters,
and integrated classrooms. And disability rights advocates have come to expect
that their wishes will be taken into account when new state laws are written.
They don't have money (disability tends to make people poorer, not richer) and
they don't control the media, but they are what good advocacy and a vibrant citizen
democracy are all about.
-- Later in the week the hallways and legislators'
offices were filled to overflowing with an estimated 2,500 members of the Asian
Pacific American community: first-second-and-third generation members, people
whose ancestors came to Washington from the vast territory extending from the
former Soviet Union to places like the Fiji Islands. There were strapping football
players, hip young adults, dark-suited businessmen, frail-looking grandmothers,
Sikhs, Christians, Buddhists … and everything in between. They came in buses
from Spokane in the East, and throughout Western Washington from Everett to Vancouver.
They came to focus legislators' attention on proposed budget cuts in everything
ranging from the Basic Health Plan and nursing homes to General Assistance for
the Unemployable and the State's Ethnic Commissions.
Their written materials
covered information on over a dozen vital services, but one common thread throughout:
in every case they explained why a service or policy is important to the Asian
Pacific American community. For example, they didn't just talk about "Health
Care" in general - they spoke of the fact that 2,478 Asian Pacific Americans
lost Medicaid in the last round of changes, but only 463 have successfully made
the transition to the Basic Health Plan. That's nearly 2,000 people whose lives
were harmed by glib assumptions the legislature made in last year's rush to save
money.
In a tight budget year like this, those details make a powerful difference.
They translate the dollars and broad policies into the practical impact on particular
neighborhoods and communities. And they help legislators understand the consequences
of the votes they cast in a far more vivid way than any report or expert's testimony
could. Besides, their sheer numbers were impressive. More than one legislator
commented that apart from the teachers, this was the single biggest constituent
group Olympia has seen all year.
On a Lighter Note
Some of the drama
was of a less serious kind. Visitors watching House Floor Action on the big screens
provided this year saw first term Representative John McCoy step up to manage
his first bill, and were surprised to hear some of his fellow Democrats make negative
comments about his bill - including some co-sponsors. When the Speaker declared
the voting to be open, it seemed the bill would fail: vote after vote was on the
"No" side…. Then, the Speaker interrupted to say: "I hope
everyone has had a chance to vote 'no' on this bill." Suddenly, all the "NO"
votes switched to "YES," and the bill was declared "passed."
Another member quickly took the floor to explain to the viewing public
and those at home that they had just witnessed the traditional hazing of a freshman
Representative. Congratu-lations were now due to Rep. McCoy -- who had just passed
his first bill! Everyone clapped and they went back to business. Said one viewer:
"I was really glad for the explanation because it was the weirdest thing
I've seen in all the years I've been coming down to the Capitol!"
Shifting
Scene
To some degree the size and urgency of citizen groups reflects the stage
we've reached in the process. With cut-off days looming, citizens felt the need
to make their voices heard in Olympia this week. Next week, by contrast, has fewer
citizen advocacy days and a Weekly Committee Meeting Schedule full of the notation:
NO MEETING SCHEDULED. That's because the action will shift to long hours on the
House and Senate floors, as Representatives and Senators decide which bills live
or die.
THE PROCESS
FLOOR
ACTION
Regular readers will remember that the point in the process when
a bill is first introduced is called the First Reading. That's pretty routine
- the title of the bill is read and a bill number is assigned. Then the bill goes
to a committee responsible for the topic dealt with in the bill.
The last
few weeks have focused on all the work that happens in Committees: the Public
Hearings and Executive Sessions, the discussions, amendments, and votes. But now
we are at a critical point -- after a bill has been voted out of a Policy Committee
and a Fiscal Committee, and gotten scheduled by the Rules Committee. For many
bills the time has come for Floor Action. When a bill moves onto the House or
Senate Floor, every resident of the state is represented. This is the time for
the "Second Reading" of the bill, a final opportunity to change, accept,
or reject a bill. Here's what happens.
First the presiding officer calls
up the bill by name and number. (The presiding officer may be the Speaker of the
House, the Lieutenant Governor over in the Senate, or someone temporarily wielding
the gavel in either body.) This time of year Floor Action will last for two-three
hours at a stretch, as legislators try to make as many inroads as they can through
the 50 or 60 bills listed on the Calendar each day. Legislators know that for
every bill they vote on, several more are just waiting to be scheduled for their
chance on the Floor.
The Representative or Senator "managing "
the bill is usually the Chair of the policy committee where the bill was first
referred, and s/he stands to be recognized. A routine bit of business usually
gets taken care of quickly: the body is asked to accept any amendments that were
adopted in the Committee -- or, if there were a lot of amendments, to accept the
"Substitute bill." (You will have noticed that bills are often listed
with an S in front of them -- which just means this is a much-amended, substitute
bill.)
Once the amendments that were adopted in Committee are accepted
or rejected, any legislator can offer other amendments to the bill. These are
called Floor amendments, and they provide an opportunity for members who did not
sit on a relevant Committee to suggest changes desired by their constituents.
Each amendment is individually discussed, debated, and voted on; some get 51%
of the votes and pass, while others are rejected. (Advocacy groups and lobbyists
try to alert people about likely floor amendments, so even during this stage in
the process we can have a voice.) After every legislator has had a chance to offer
and vote on amendments, another bit of routine business occurs: members vote to
"bump" a bill straight to the Third Reading without going back to the
Rules Committee.
The Third Reading is the time for the final debate and
vote. At this point a bill can be accepted or rejected, or it can be sent back
to a Committee -- but it cannot be amended any more.
The vote for final
passage is called, and if the bill-as-amended wins a majority - 25 votes in the
Senate, 50 votes in the House - it passes out of that body and on to the next
step.
What happens next?
Every bill passed by one House, must go through
the same process in the opposite house: Policy Committee hearings, Executive Session,
Fiscal Committee (if there is a cost), Rules Committee, Floor Action.
That
is because bills are often changed during the process, so even if the Committee
has dealt with an identical ("companion") bill, it must review changes
made by the opposite house. (If anything controversial has been added, you'll
hear the bill's supporters begging one house to please just accept the bill as
passed by the other... NO CHANGES ... please.)
This second time around tends
to go MUCH faster - because the Committee chairs and members have either already
dealt with a similar bill, or they have heard and talked about it. Plus, so many
bills will have died that there are many fewer bills to deal with.
By March
19 when the time for discussing bills on the floor in their first house ends,
many, many bills will already be dead. On March 20, all the House Committees start
dealing with Senate-passed bills, and all the Senate Committees start dealing
with House-passed bills.
If one house accepts a bill as passed by the other
house, everything goes smoothly. But if a bill passes one house in a different
form than in the other house, each body appoints members to a Conference Committee
to work things out. If the conferees cannot reach agreement on one, mutually acceptable,
compromise version -- the bill likely dies. If they can reach consensus, the results
go back to the House and to the Senate to be passed in identical form, by majority
vote, in both bodies.
Once that happens, the bill goes to the Governor to be
signed, or vetoed, or partial-vetoed (we'll take that up in a later Policy Watch).
PRACTICAL
TIP
In the past, citizens could send brief hand-written messages to their
legislators right in the middle of a floor debate, and wait just outside the chamber
door to see if their legislator would come out to talk to them about the coming
vote. This year, with the Capitol building closed for repairs, it isn't possible
for citizens to hover just outside the chamber. Instead, they can try to send
an occasional message from a small white tent in the parking lot, or go to the
O'Brien building to watch Floor proceedings on big TV screens. But that's less
direct.
However, there is one more possibility equally available to people
in Olympia, and those back home. Many modern legislators carry their lap-top computers
with them, right onto the House or Senate Floor. If you send a Hot-Line phone
message, or a direct email message to your Legislator, in some cases they might
be received - and read - even as the floor debate is underway. If they are debating
a bill you care about - it is worth a try.
And if you don't have access
to a computer - the operator at the Toll-Free Hotline does.
Just call: 1-800-562-6000.
----------------------------------
BRIEF
SNAPSHOTS FROM THIS WEEK - Making a Difference
Now, at the mid-point, it
is useful to note some of the many ways that ordinary citizens have had an impact
on whether good bills stay alive, and bad bills die. Every day ordinary people
have an impact on the votes their legislators cast, greater than even they know.
Here are just a few examples from among the many.
** Bills dealing with
health care invariably include powerful institutions, with paid lobbyists. But
ordinary citizens also play a critical role. For example, two weeks ago one of
the health bills sought by family members and health providers alike seemed likely
to die in Committee: it was one vote short of a majority for passage. Then a woman
from one of the opposing Committee member's districts came to Olympia. She had
information developed by the advocacy group working for the bill, but she had
added her own personal experience and that of other people in the legislator's
district. Plus, the legislator knew her to be credible. By the end of their meeting,
that legislator's critical vote had swung into the "AYE" column, and
the bill was voted out of Committee… on to the next stage.
** Home
Care Workers have been a constant presence this year, showing up in small groups
and large, impressing everyone with the fact that they give up a day's earnings
to come and make their case and keep their bill alive. But one Home Care Worker
won special praise. After a recent Appropria-tions Committee hearing he was said
to have delivered "the best testimony ever heard" - according to both
Members and Staff. That is no small accomplishment: the Appropriations Committee
routinely hears from budget experts, economists, business groups, and profes-sionals
of all kinds - and it has a reputation for being particularly hard to impress
or move. The bill he testified for is still alive.
** Sometimes citizens
want a bill killed. A few weeks ago, some of the most powerful lobbyists against
a bill affecting homeless youth were… homeless youth. They met in large meetings
with influential members of the Leadership, and spoke to their own legislators
in small, individual meetings. They were able to explain, first-hand, why a bill
that seemed like a good idea might have unexpected - and harmful - consequences
for youth escaping from abusive and dangerous homes. Soon after the youth came
to Olympia, the bill they opposed stalled.
** Among the many witnesses at
a packed hearing on a bill to ban smoking in public places was a woman who had
never smoked, but now sat - struggling for breath, tethered to her oxygen supply,
in her wheel chair. She offered living evidence that second-hand smoke is not
an abstract issue or the exaggerated claim of anti-smoking zealots -- and she
quickly made the issue painfully real for all the members of the Health Care Committee.
In the House where she testified, the bill to protect against second-hand smoke
is still alive.
** You don't have to be rich or powerful or well-connected
to have influence. Washington resident children of immigrant parents have been
lobbying for the right to attend college at in-state tuition rates. They are hardly
rich or well-connected, but their influence is being felt in both Democrat and
Republican camps, in the House and Senate alike. One enterprising group even sent
their messages to legislators written on paper-plates - to make sure they'd stand
out in the crush of ordinary mail. Their bill has passed the House and is expected
to pass the Senate any day now.
** HB 1554 would restore food stamp eligibility
to another unrich, unpowerful group: people who served time in prison for a drug
conviction but now are clean and sober. And it is former felons themselves who
are helping to make the case for the bill. One Representa-tive said she was changing
her vote from NAY to AYE after taking phone calls from constituents in precisely
that situation. They did their time in prison and are trying now to stay clean
and out of trouble. But as one former felon who has been sober five years said,
"…with my record, nobody is offering me any jobs that pay very much."
He got a job to support his family but the pay is low … so food stamps would
help a lot. That bill is in the Rules Committee, on the way to the Floor.
**
And lest anyone think getting food stamps puts anyone on easy street, or cause
food stamp recipients to eat too much (as some critics have claimed), consider
the following. One skeptical parent calculated the maximum a food stamp recipient
gets per meal (this assumes the person has no other income for food) and compared
it with what he pays for his daughter's "board" per meal at Western
Washington U (which she can add to). Food stamp recipients get $1.54/meal - max;
students get $2.57/meal - but frequently add to that amount. (The charge on a
student meal card is often closer to $10/meal.)
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.
Remains
in the House Committee on Appropriations. No hearing scheduled.
SB 5403
- the 2003 SUPPLEMENTAL BUDGET.
In Week Six the House passed SB 5403 by a vote
of 94-1 (3 absent).
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, crime victims' assistance, and state library services.
The
House Appropriations Committee chose to work from the Senate bill. Like the Senate,
the House agreed to speed up some of the reductions recommended by the Governor
for the new budget. In addition, they would lay off 200 state workers, limit the
number participating in the Basic Health Plan, restore some funding for the state
library, help out trauma hospitals, and pay for some newly-identified increases
(e.g., for schools, prisons, health care). It does not include the cut in Adoption
Support of $1.5 million that is in the Senate version.
The bill passed out
of the Appropriations Committee, and in Week Six, passed the House by a vote of
94-1 (3 absent).
For a list of Health and Human Services cuts 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/.
PART
III - SOME ISSUES
This section notes upcoming hearings, plus categories
of bills, including:
Fair warning: This bulletin only comes out weekly, and does not pretend
to be comprehensive. If there is an issue category you care about, use the legislative
website to monitor (www.leg.wa.gov) because the action changes daily.
REMINDER:
House Bill numbers begin with 1 or 2; Senate Bill numbers begin with 5 or 6. A
bill identified as SB 6264 is the 1,264th Senate Bill introduced in the session;
HB 1058 would be the 58th bill introduced in the House. More recent bills have
higher numbers.
NOTE: This Week all the
Fiscal Committees are holding Executive Sessions on Saturday, 3/8 and again on
Monday 3/10 to finish work on bills before the second cut-off at Close-of-Business
on March 10. As Policy Watch is being written, the results of those Sessions are
not available and thus not reflected here. If a bill you care about is listed
as being before a Fiscal Committee, check with that Committee or your legislator
to learn its status.
Bills that have not moved out of a Policy Committee "appear
DEAD" (though in rare cases they may be added to similar bills on the Floor,
and thus may be revived). Also note that some bills with a fiscal impact are considered
"necessary to implement the budget…." They are exempt from the
cutoffs until the 96th day - April 18 this year.
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.) The bills were referred to the House Finance Committee, and Senate
Ways & Means Cttee.
In Week Three, the House Bills (1029, 1044, 1071,
and 1116) were taken up in a Public Hearing before the House Finance Committee.
Eligible for Executive Session.
In Week Four, Senate Bill 5034 was taken up
in a Public Hearing before the Senate Ways & Means Committee. Eligible for
Executive Session.
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.
In
Week Four the Senate bill got a Public Hearing -Health & Long-Term Care Cttee.
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.
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.
In Week Four, this bill was taken up in a Public Hearing
before the House Committee on Criminal Justice & Corrections. This bill appears
DEAD.
SHB 1275 - TRANSFERRING THE HUMAN IMMUNO-DEFICIENCY VIRUS INSURANCE
PROGRAM TO THE DEPARTMENT OF HEALTH.
This bill reflects the Governor's proposed
transfer of administrative authority over the Evergreen Health Insurance Program
(EHIP) from the Department of Social and Health Services to the Department of
Health. EHIP provides insurance continuation coverage to more than 700 clients
statewide. The move is supported by HIV/AIDS advocates.
The bill was amended
and passed out of the House Health Care Committee. It is now in the House Rules
Committee, waiting to be scheduled for Floor Action.
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 remains in the House Appropriations Committee.
The Senate bill
appears DEAD.
HB 1693/ SB 5562 - REVISING THE DIRECT CARE COMPONENT FOR
RESIDENTS WITH EXCEPTIONAL CARE NEEDS.
This bill will affect payment for care,
including direct care payments for residents with exceptional care needs (e.g.,
Traumatic Brain Injuries, other severe injuries, mental illness,). It would allow
DSHS to administratively set certain payment levels for nursing home residents
and attempts to correct problems in the current system.
The Senate bill is
now in the Senate Rules Committee, waiting to be scheduled for Floor Action.
The House bill is now in the House Rules Committee, waiting to be scheduled for
Floor Action.
HB 1777 - IMPLEMENTING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE HOME CARE QUALITY AUTHORITY AND INDIVIDUAL HOME CARE PROVIDERS.
(See
explanation at end of this section, under Budget Items.)
In Week Seven, this
bill got a Public Hearing before the House Appropriations Committee. Eligible
for Executive Session.
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 got a Public Hearing before the Senate
Cttee on Health & Long Term Care. This bill appears DEAD.
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.
This bill is now in the Senate Ways & Means
Committee.
SB 5904 - CONCERNING PRESCRIPTION DRUG ASSISTANCE PROGRAMS
FOR SENIORS
This bill would establish the Medicaid Senior Prescription Drug
program. DSHS is directed to obtain necessary federal waivers to implement this
program, and develop ways to pay for it. E.g., DSHS could charge enrollment fees,
premiums, or point-of-service cost-sharing to enrollees of the program.
This
bill remains in the Senate Ways & Means Committee, where it must be acted
on by C.O.B. March 10 to stay alive.
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 providing 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. In Week Seven interested parties
were seeking a compromise on this issue, hoping to find a way to retain the Long-Term
Care Ombudsman.
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.
CHILDREN'S ISSUES
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 is in the House Appropriations Committee. Eligible
for Executive Session.
HB 1563 - PROVIDING A PROCEDURE FOR COURT ORDERED
CONTACT WITH A CHILD BY NON-PARENTS.
This bill provides a procedure by which
non-parents may petition the court for court ordered visitation. This would allow
a non-parent who has had a parent-like relationship with a child over a substantial
period of time, to seek court-ordered visitation - provided the parent or custodian
give consent. (This bill is similar to SB 5708.)
This bill was passed by the
full House, by a vote of 91-0 (7 absent). It goes next to the Senate.
HB
2114 - RELATING TO THE FUNDING OF FAMILY PRESERVATION AND INTERVENTION SERVICES.
This
bill combines the funding previously provided for the alternative response system,
continuum of care, family preservation services and intensive family preservation
services. The combined funds would be allocated through a request for proposal
issued by the Department of Social and Health Services for the provision of family
preservation an intervention services in the state. Further, the bill establishes
a family preservation and intervention services panel convened by DSHS. The panel
would review and rate all proposals for family preservation and intervention services
throughout the state and be responsible for the allocation of the funds.
This
bill is in the House Rules Committee, waiting to be scheduled for Floor Action.
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 appears DEAD.
Budget items
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
SHB 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. It
has been amended to include a ten-year time period for reporting (a change from
the current three-year reporting time).
This bill is now before the House
Rules Committee, where it is waiting to be scheduled for Floor Action.
ESHB
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. This last provision has become controversial.
This bill
passed the full House, by a vote of 62-35. It goes next to the Senate.
SHB
1058 - 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 is now before the Senate Committee on Children
& Family Services & Corrections.
SHB 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 has a Fiscal Note showing a savings of $1 million for the biennium.
This
bill passed the full House, by a vote of 97-0. It is now in the Senate Committee
on Children & Family Services & Corrections.
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 passed
the full House, by a vote of 97-0. It is now in the Senate Committee on Children
& Family Services & Corrections.
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.
The House bill appears DEAD.
The Senate bill is in the Senate Rules Cttee,
waiting to be scheduled for Floor Action.
SHB 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.
This bill is now before the House Appropriations
Committee.
HB 1841 - FUNDING PREVENTION AND EARLY INTERVENTION SERVICES.
This
bill directs DSHS to establish and implement uniform criteria for funding prevention
and early intervention services and programs that are state-operated or contracted.
It establishes a uniform funding criteria that includes: research-based, measurable
outcomes, cost effectiveness, community involvement, and evaluation of program
outcomes.
This bill is now before the House Appropriations Committee.
HB
1878 - PROVIDING THE COURTS ACCESS TO INFORMATION IN THRID PARTY CUSTODY PETITIONS
This
bill requires that prior to granting any order regarding custody of a child in
a third party custody arrangement, the court shall consult the judicial information
system to determine the existence of any information relevant to the placement
of a child. (Third party custody is an option available to kinship caregivers.)
This
bill is before the House Rules Cttee, waiting to be scheduled for Floor Action.
HB
2000 - THIRD PARTY CUSTODY PROCEEDINGS INVOLVING THE INDIAN CHILD WELFARE ACT.
This
bill revises provisions pertaining to the third party custody proceedings involving
the Indian Child Welfare Act.
This bill is in the House Rules Committee,
waiting to be scheduled for Floor Action.
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.
This bill appears
DEAD.
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.
This bill appears
DEAD.
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 is in the Senate Rules Cttee, waiting to be scheduled
for Floor Action.
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).
This bill is in the Senate Rules Committee, waiting to be scheduled
for Floor Action.
SB 5652 - TIGHTENING REQUIREMENTS FOR ADOPTION RELATED
ADS.
This bill declares that only publishers of annual and semiannual directories
must attempt to verify compliance with current law.
This bill is in the Senate
Rules Committee, waiting to be scheduled for Floor Action.
SB 5708 - PROVIDING
A PROCEDURE FOR COURT ORDERED CONTACT WITH A CHILD BY NON-PARENTS
This bill
specifies the circumstances under which a non-parent may initiate a court proceeding
for contact with a child. Several criteria must be satisfied, along with evidence
that the child would suffer if denied the relationship. (It is similar in intent
to HB 1563.)
This bill is in the Senate Rules Committee, waiting to be scheduled
for Floor Action.
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.
This bill is in the Senate Rules Committee, waiting to be scheduled
for Floor Action.
SB 5811 - REQUIRING GREATER OPPORTUNITIES FOR INVOLVEMENT
OF BIRTH FAMILIES IN FOSTER CARE.
This bill has four provisions to encourage
foster parents to mentor and involve birth families. They include a range of activities
from helping families understand a child's needs, to men-toring families, involving
families in education, and transporting children to family visits.
This bill
is now on the Senate Floor. It may be voted on at any time.
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.
--
The Senate Supplemental Budget - SSB 5403 - cuts adoption support by $1.5million.
This reduction will have a chilling effect on efforts to increase the adoption
of children out of the foster care system. The House Supplemental Budget does
NOT contain this cut.
-- The Governor's budget would eliminate WCPCAN -
Washington Council for the Prevention of Child Abuse and Neglect. This is a 20-year
old state agency focused exclusively on child abuse prevention. Since 1982, WCPCAN
has invested in 166 child abuse prevention programs. Over 40% of its budget is
leveraged from federal funds. It is estimated that for every state dollar invested
in WCPCAN, approximately two dollars were leveraged from federal and local sources
for a total of over $2.2 million.
Supporters argue that prevention is inexpensive
and cost effective. E.g., It can cost as much as $75,000 per year to provide medical
care to one victim of Shaken Baby Syndrome, but Shaken Baby Syndrome is 100 percent
preventable.
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. An amendment added to the bill
initially had supporters concerned, but they are once again supporting passage
of the bill.
The Senate bill is now before the Senate Rules Committee, waiting
to be scheduled for Floor Action.
In Week Six the House bill passed the Full
House by a vote of 75-20 (3 absent). The House bill is now in the Senate Higher
Education Committee.
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 passed the full House,
96-1. It has been referred to the Senate Committee on the Judiciary.
SHB
1128/ SSB 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. It seeks to protect organizations
and individuals who have been victims of a hate crime from further discrimination.
Included are religious, educational and other nonprofits.
The Senate bill
is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.
The House bill passed the full House; it is now before the Senate Financial
Services, Insurance & Housing Committee.
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.
In Week Five this bill passed the full House
97-0. It is now before the Senate Committee on the Judiciary.
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.
This bill is
before the House Rules Committee, waiting to be scheduled for Floor Action.
HB
1939 - CIVIL UNIONS
This bill does not change the definition of marriage, but
defines "Civil Union" as meaning that two eligible persons have established
a legal relationship, and may receive the benefits and protections and be subject
to the obligations and responsibilities of spouses.
Referred to the House
Committee on Juvenile Justice & Family Law. This bill appears DEAD.
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
the Judiciary. This bill appears DEAD.
SB 5929 - REQUIRING INFORMED CONSENT
BEFORE AN EMPLOYER OR INSURER USES A PERSON'S GENETIC INFORMATION.
This bill
is now on the Senate Floor. It can be voted on soon.
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.
This bill is now on the
Senate Floor. It can be voted on soon.
DISABILITIES
HB
1272/ SSB 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. The Senate bill was amended before being voted out of Committee.
In
Week Four there was a Public Hearing before the House Children & Family Services
Committee. The House bill appears DEAD.
The Senate bill is in the Senate Rules
Cttee, waiting to be scheduled for Floor Action.
HB 1330/ SB 5578 - BED
HOLDING FOR BOARDING HOME RESIDENTS
This bill covers arrangements when a boarding
home contracts with the state to provide adult residential care services, enhanced
adult residential care services, or assisted living services. In cases where a
resident needs short-term care in a nursing home or hospital, the boarding home
must hold a medicaid eligible resident's room or unit when the resident is likely
to return to the boarding home.
The House bill appears DEAD.
The Senate
bill is now before the Senate Ways & Means Committee.
HB 1623/ SB 5566
- RELATING TO THE PRIORITIZATION OF SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES.
This
bill 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 feared 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' and others' concerns,
this bill is now DEAD. A revised version, SB 5873, was first declared DEAD, then
re-written and passed through Committee. It may be revised yet again.
(This
is a complex matter. Regular updates 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.
This bill is now before the House Appropriations
Committee.
SHB 1693/ SSB 5562 - REVISING THE DIRECT CARE COMPONENT FOR RESIDENTS
WITH EXCEPTIONAL CARE NEEDS.
This bill will affect payment for care, including
direct care payments for residents with exceptional care needs (e.g., Traumatic
Brain Injuries, other severe injuries, mental illness,). It would allow DSHS to
administratively set certain payment levels for nursing home residents and attempts
to correct problems in the current system.
The Senate bill is now in the Senate
Rules Committee, waiting to be scheduled for Floor Action.
The House bill
is now in the House Rules Committee, waiting to be scheduled for Floor Action.
SHB 1694/ SSB 5563 - INSPECTION OF BOARDING HOMES EVERY 18 MONTHS
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.
The Senate bill is now in the Senate Rules Committee,
waiting to be scheduled for Floor Action.
The House bill is now on the House
Floor. It can be voted on soon.
NOTE: SB 5797, REQUIRING DSHS TO INSPECT
BOARDING HOMES EVERY 24 MONTHS is a more recent bill.
This bill is in the
Senate Rules Committee, waiting to be scheduled for Floor Action.
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.
This bill appears
DEAD.
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.
This bill appears
DEAD.
HB 1804/ SB 5931 - 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.
Both bills appear DEAD.
SSB
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.
This
bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.
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.
This bill is now in the Senate Rules Cttee, waiting to be
scheduled for Floor Action.
HB 1655/ 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.
The House bill was voted
out of the House Committee on Transportation. It has no fiscal note, and should
go directly to House Rules Cttee, to be scheduled for Floor Action.
The Senate
bill is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.
SSB
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.
This bill is in the Senate Rules Committee, waiting to be
scheduled for Floor Action.
HB 1787/ 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.
The Senate bill is in
the Senate Rules Cttee, waiting to be scheduled for Floor Action.
The House
bill is in the House Rules Cttee, waiting to be scheduled for Floor Action.
SHB
1813/ 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.
The House bill is now
in the House Appropriations Committee.
The Senate bill appears DEAD.
SB
5873 - REGARDING THE ADMINISTRATION AND MANAGEMENT OF SERVICES TO DEVELOPMENTALLY
DISABLED INDIVIDUALS.
The bill requires DSHS to report to the legislature by
12/1/03, on the costs associated with providing a consolidated management information
system that will allow for: informed authorization of services, efficient and
consistent eligibility determinations, complete and consistent plans of care,
thorough coordination of services, and uniform application of program policies
on behalf of clients with developmental disabilities. Equally important, the bill
would provide an opportunity for constituent involvement, and would direct the
department to more clearly define the impact of proposed changes.
This bill
is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.
SB
5971 - RELATING TO RESIDENTIAL HABILITATION CENTERS
This bill directs the consolidation
of residential habilitation centers (RHCs) through the closure of Fircrest, offering
residents the choice of another institution or community alternative. Net proceeds
from the sale of Fircrest property are directed to be placed in the
Fircrest
legacy trust account for the sole use of services to persons with developmental
disabilities and their families. (Also noted in Part I, and below under "issues.")
This
bill is now in the Senate Ways & Means Committee.
HB 2123 - AUTHORIZING
THE COLLECTION OF SUPPORT PAYMENTS FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES
IN OUT-OF-HOME CARE.
This bill would authorize the Department of Social and
Health Services to seek support from the parents or physical custodian of a child,
including a child with a developmental disability, in out-of-home care. It permits
DSHS to establish an administrative order for support in a dependency action,
even in the absence of a court order setting support.
This bill is now before
the House Appropriations Committee.
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. This issue was taken up in a packed, emotional hearing
in Week Eight.
** Legislation was being drafted for changes in the Developmental
Disabilities statute. It was 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."
This now appears to be "on hold." 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 no vendor
rate or home care worker pay 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, and negotiations are underway to restore
it.
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.
Both bills appear
DEAD.
ESHB 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 appears
DEAD.
The House bill passed the full House Floor, by a vote of 52-44. It goes
next to the Senate Education Committee.
E2SHB 1214/ SB 5406 - TO CREATE
A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
The House bill passed
the full House by a 64-33 vote. See description under this entry in Aging/Long-Term
Care.
It is now before the Senate Committee on Health & Long-Term Care.
SHB
1275 - TRANSFERRING THE HUMAN IMMUNO-DEFICIENCY VIRUS INSURANCE PROGRAM TO THE
DEPARTMENT OF HEALTH.
This bill reflects the Governor's proposed transfer of
administrative authority over the Evergreen Health Insurance Program (EHIP) from
the Department of Social and Health Services to the Department of Health. EHIP
provides insurance continuation coverage to more than 700 clients statewide. The
move is supported by HIV/AIDS advocates.
The bill is now on the House Floor.
It may be voted on soon.
SHB 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. Under this bill policies would be based upon the best available scientific
and medical evidence.
This bill is now before the House Rules Cttee, to be
scheduled for Floor Action.
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.
Both bills appear DEAD.
SHB 1532 - PROHIBITING SMOKING IN
PUBLICLY OWNED RESIDENCE HALLS AT INSTITUTIONS OF HIGHER EDUCATION.
This bill
is now in the House Rules Cttee, waiting to be scheduled for Floor Action.
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.
The House bill is now on the House Floor. It may
be voted on soon.
The Senate bill is now before the Senate Rules Committee,
waiting to be scheduled for Floor Action.
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.
Both bills appear DEAD.
2SHB
1913 - GRANTING AUTHORITY TO DEPT of COMMUNITY TRADE & ECONOMIC DEVELOPMENT
TO ADDRESS CONCERNS WITH LEAD-BASED PAINT
While not a "companion"
bill to SB 5586, this bill stems from the same concerns about the health and safety
of low-income people living in old buildings that contain lead-based paint. The
bill establishes a Lead-Based Paint Training and Certification Program in Washington,
paid for with Federal funds available for this purpose. There is a null and void
clause if Federal funds are not available. Amendments clarify funding for the
training, and give the state authority to inspect lead-based paint abatement done
with HUD grants.
This bill was amended in the Appropriations Committee, and
voted out. It is now before the House Rules Committee, waiting to be scheduled
for Floor Action.
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.
This bill appears DEAD.
SSB 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.
This bill is on
the Senate Floor. It could be voted on soon.
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 BHP model plan with
uniformity in enrollee cost-sharing requirements.
This bill appears DEAD.
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 Senate bill appears DEAD.
The House bill is in the
House Rules Cttee, waiting to be scheduled for Floor Action.
HB 2070/ SB 5920
- FUNDING LOCAL PUBLIC HEALTH SERVICES
This bill authorizes the Secretary
of State to go to the voters at the next General Election, to seek authority to
increase the state property tax by twenty-five cents per thousand dollars of assessed
value. The revenues raised would be used to fund local public health services
(which were severely affected by the passage of I-695.) This bill is getting serious
attention in part because public health departments are being asked to play a
critical role in Homeland Security efforts. It might be sent to the voters for
a vote by the people. Critics are concerned that dedicated taxes tend to limit
the ability of government to respond to crises or when flexibility is needed,
and they also leave critical functions vulnerable whenever the single source of
funding declines.
The House bill is in the House Finance Committee.
In
Week Seven, the Senate bill got a Public Hearing before the Senate Ways &
Means Committee. Eligible for Executive Session.
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.) The bills were referred to the
House Finance Committee, and Senate Ways & Means Cttee.
In Week Three,
the House Bills (1029, 1044, 1071, and 1116) were taken up in a Public Hearing
before the House Finance Committee. Eligible for Executive Session.
In Week
Four, Senate Bill 5034 was taken up in a Public Hearing before the Senate Ways
& Means Committee. Eligible for Executive Session.
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 would
assign the Washington State Department of Licensing the authority
to
enforce the Mobile Home Landlord-Tenant Act (MHLTA). Though it has been
in state law since 1977, there is no enforcement authority, leaving mobile home
park tenants (many of whom are low-income seniors) without a means to preserve
their rights under the MHLTA against abuses by mobile home park owners. It also
provides for penalties in certain cases.
This bill appears DEAD.
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.
This bill appears DEAD.
HB 1301/ SSB 5225 - PROVIDING RENTAL ASSISTANCE VOUCHERS
This bill
would deal with housing affordability by allocating funding from a ten dollar
fee on recorded documents, and using the funds to provide low-income persons with
rent vouchers to pay for permanent multifamily and single-family, private, for-profit,
market rate rental housing. Vouchers would be available for payment of first and
last month's rent and security and other deposits required by a landlord, payable
directly to the landlord, for very low-income persons with incomes at or below
fifty percent of the area median income.
The House bill apppears DEAD.
The Senate bill passed the full Senate, by a vote of 48-1. It goes next to the
House.
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.
It
does not cut Shelter programs or LIHEAP (Low Income Heat & Energy Assis. 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.
This
bill is now before the House Rules Cttee, to be scheduled for Floor Action.
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.
This bill appears DEAD.
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.
This
bill appears DEAD.
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
Work
Session
On Thursday, 3/13 at 8:00 am - High School Students from the Center
School will make a presentation on the state tax system, before the House Finance
Committee, in House Hearing Room C, O'Brien Building. Also on TVW.
SHB 1009
- VIOLENT VIDEO GAMES
This bill would make it a misdemeanor to sell, rent,
or permit to be sold or rented, any M-rated violent video or computer game to
any minor. The bill was amended before being voted out of the Juvenile Justice
Committee, e.g., to reduce the penalties involved.
It is now before the House
Rules Cttee, 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, by a vote of 97-0. 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 is now before 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.
This bill is before the House Appropriations Committee.
HB 1320-CHANGING THE AGE OF CONSENT FOR MINORS RECIEIVING INPATIENT MENTAL
HEATH TREATMENT
This revised bill (formerly HB 1070) would only change the
age of consent to 16 years for inpatient mental health treatment, provide treatment
providers with protections from civil liability, and exclude social workers (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 current law in the near future.
Additional Amendments
are expected during Floor Action.
The bill is 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.
The
bill is in the House Rules Committee, waiting to be scheduled for Floor Action.
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).
The
bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.
HB
1782 - CREATING A COMPETITIVE 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.
This bill was passed by the full House, by a vote
of 91-0 (7 excused). It has been sent to the Senate Ways & Means Committee.
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.
The bill was
amended to change the required reporting time from seventy-two hours to forty-eight
hours, and voted out of Committee.
The bill is now in the House Rules Cttee,
waiting to be scheduled for Floor Action.
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.
In Week Seven this bill was voted out of Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.
HB
1965 - CHANGING THE AGE OF CONSENT FOR MINORS RECEIVING OUT-PATIENT MENTAL HEALTH
TREATMENT
This bill changes from 13 years to 16 years the age at which a minor
can receive out-patient mental health treatment without the consent of the minor's
parents, unless failure to provide such treatment would be detrimental to the
minor's well being. The provider must document the reason for making the determination
to treat without parental consent. It also raises to 16 years the age at which
a minor can refuse treatment.
This bill appears to be DEAD.
SB 5903
- PROVIDING ADDITIONAL SENTENCING ALTERNATIVES FOR JUVENILE OFFENDERS
This
bill would directs the Washington state Institute for Public Policy to develop
standards for measuring effectiveness of treatment programs under the "mental
health disposition" alternative, by January, 2004. The standards shall include,
but not be limited to, continued use of alcohol or controlled substances, arrests,
violations of terms of community supervision, and convictions for subsequent offenses.
These standards would then be used by the courts in determining the continued
use of this alternative and the success of treatment providers and programs.
This
bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.
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, by a vote
of 97-0. It is now in the Senate Children & Family Services & Corrections
Committee.
SHB 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, should
they become incapacitated by their mental illness, an individual can make sure
their preference for treatment will be carried out.
The Substitute Senate
bill contains new clarifying language and other changes. E.g., this bill would
not require a treatment provider to follow a patient's directive if, without the
specific treatment, there is a strong possibility the patient may harm themselves
or others.
The Substitute House bill clarifies the language and makes other
changes (e.g., a person who consented to inpatient treatment may not be restrained
if that person requests discharge).
The House bill is now before the House
Appropriations Committee.
The Senate bill is now in the Senate Rules Committee
where it is waiting to be scheduled for Floor Action.
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.
This bill appears to be DEAD.
HB 1067/ SB 5445
- INSURANCE 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.
Both bills appear to be DEAD.
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. This bill appears to be DEAD.
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.
This bill appears to be DEAD.
HB 1214/ SB 5406 - TO CREATE
A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
The House 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 before the Senate Committee on Health &
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 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.
This bill is now before the House Rules Committee,
waiting to be scheduled for Floor Action.
SHB 1785/ SSB 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.
The Substitute Senate bill clarifies that certain statutes such
as those addressing child abuse and abuse of vulnerable adults are mandatory reporting
statues.
The House bill is on the House Floor, waiting for a vote
The
Senate bill is now in the Senate Rules Committee, where it is waiting to be scheduled
for Floor Action.
SHB 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.
This bill is now before the House Appropriations
Committee, where it must be acted on by March 10 to survive.
HB 1871/ SSB
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 appears to be DEAD.
The Senate bill
is now in the Senate Rules Committee, where it is waiting to be scheduled for
Floor Action.
HB 1911 - EXEMPTING PERSONS WHO ARE MENTALLY ILL OR DEVELOPMENTALLY
DISABLED FROM THE DEATH PENALTY.
This bill would add persons who are mentally
ill or developmentally disabled to current law which exempts persons who are "mentally
retarded" from the death penalty. This bill would not exempt or defer life
sentences of aggravated first degree murder.
This bill appears to be DEAD.
SHB 1931/ SSB 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.
The proposed Substitute bill will
add "self" and family advocate groups to the list of agencies to be
included in the development of training.
The House bill is now in the House
Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill
is now in the Senate Rules Cttee, to be scheduled for Floor Action.
HB
1978/ SSB 5946 - CREATING AN OFFICE OF MENTAL HEALTH OMBUDSMAN.
Washington
State currently does not have an independent, centralized mental health ombudsman
program. Mental health advocates have expressed concerns about the current system
where the ombudsman and quality review team members are employed by hospitals
and Regional Support Networks (RSN's) which may limit their level of independence
and authority. This proposed office would assist persons with mental illness in
protecting their civil and human rights and work towards improving current mental
health services.
The House bill appears to be DEAD.
The Senate bill is
on the Senate Floor. It may be voted on soon.
SHB 2025 - REVISING PROVISIONS
FOR DETAINING PERSONS WITH MENTAL ILLNESS.
This bill is similar to SSB 5473
in requiring training for officers when dealing with persons who are mentally
ill. This bill would provide new provisions such as; a mentally ill person would
not be charged with assault if an officer or mental health professional was not
properly trained in detaining a mentally ill person.
This bill is now in the
House Rules Cttee, waiting to be scheduled for Floor Action.
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
Cttee, 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.
This bill appears to be DEAD.
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 appears
to be DEAD.
Budget Items
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
-- the 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
Work
Session
On Thursday, 3/13 at 8:00 am - High School Students from the Center
School will make a presentation on the state tax system, before the House Finance
Committee, in House Hearing Room C, O'Brien Building. Also on TVW.
Interest
is growing in finding some acceptable forms of revenue to ease the impact of severe
budget cuts. A number of new bills identify a specific source of funding, in some
cases with the revenues to be dedicated to a particular purpose. Other bills attempt
to identify out-moded tax exemptions.
Representative Bill Fromhold, from Southwestern
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. By being
time limited, it would also keep on the pressure to take up long-term structural
changes in the tax system.
Another proposal under discussion would impose
a ten-cent-a-can increase on the sale of sodas. That is estimated to generate
about $650 million over the biennial budget.
Still others are considering
ways to broaden the tax base by extending the sales tax to certain business, professional,
and consumer services. When our tax system was developed, Washington's economy
relied heavily on natural resources (fishing, forests, farming), and the tax structure
reflects that. Now, however, our economy relies more on technology, and a vast
array of business, professional, and consumer services. If the base of those to
be taxed were broadened to include all services, some estimates show that the
deficit could be filled AND the sales tax reduced at the same time.
SHB
1281/ SSB 5364 - PROMOTING ECONOMIC DEVELOPMENT
This bill would promote economic
development through "Tax Increment Financing. It would allow local governments
to finance public improvements using increased property tax revenues, plus "excess"
excise tax revenues, and revenue generated through a sales- and-use tax. Up to
$1 million per year, per project, could be credited against the state sales and
use tax in an increment area. The bill is controversial.
Opponents believe
it will allow cities to divert future tax revenues intended for local general
funds, and use them to offset the costs of large private developments. This would
subsidize private developers while depleting funds needed for housing and human
services, and be particularly harmful to low-income residents. Amendments added
in Committee include some limited safeguards, but advocates for low-income people
remain concerned.
The House bill is now in the House Finance Committee.
The Senate bill is now in the Senate Ways & Means Committee.
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 is in the House Finance Committee.
The Senate bill is in the Senate Ways
& Means Committee.
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.
This bill is in the House Rules Committee, waiting to be scheduled
for Floor Action.
HB 1869 - REQUIRING PERFORMANCE AUDITS FOR TAX PREFERENCES
This bill recognizes that tax preferences are enacted to meet certain objectives,
believed to be in the public interest, but not all tax preferences achieve those
objectives. Given the changing nature of the economy and tax structures of other
states, periodic performance audits of tax preferences are needed to determine
if they continue to
serve the public interest.
This bill is in the House
Finance Committee. It is eligible for Executive Session.
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 set.
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.
This bill
is in the Senate Committee on Ways & Means.
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.
This bill remains in the Senate Committee on Ways and Means.
SB 5902
- PROVIDING ADDITIONAL FUNDING FOR THE SUPPORT OF SCHOOLS AND HIGHER EDUCATION.
This
bill would impose a two percent tax on Adjusted Gross Income (calculated for federal
tax purposes, and with various exemptions, deductions and income limits), and
dedicate the revenues produced for k-12 and higher education.
This bill is
in the Senate Committee on Ways & Means.
HB 2070/ SB 5920 - FUNDING
LOCAL PUBLIC HEALTH SERVICES
This bill would send a referendum to the people
for a vote on the November ballot, to create a public health trust fund through
a 25 cents per $1,000 increase in the property tax levy. It is estimated that
this would generate enough to assure current levels of funding and accommodate
some increases - particularly in counties with growing populations. However it
would also lower the lid for education funding, which has drawn opposition, and
would make the state budget less flexible (by dedicating these funds to a specific
purpose) in a changing economy.
The House Bill is now in the House Finance
Committee.
The Senate Bill is in the Senate Committee on Ways & Means.
SJR
8200 - RELATING TO TAX REFORM
This Senate Joint Resolution proposes an amendment
to the state Constitution to authorize an income tax. At the next general election
held in this state, the secretary of state would submit an amendment to Article
VII of the Constitution of the state of Washington to permit adoption of a graduated
income tax. It would go to the voters of the state for their approval and ratification,
or rejection.
This bill is in 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.
This bill is in the Senate Rules Cttee, waiting to be scheduled for Floor Action.
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 also been introduced
which would reduce taxes, create new exemptions or credits, and add to the deficit.
Washington tax law already includes more than 430 state and local tax exemptions,
which add up to a loss of more than $46 billion of tax revenue every two years.
(Tax exemptions are sometimes referred to as "tax expenditures" to make
clear that every tax break costs the treasury just as any program expenditure
does.) Several pages of bills proposing tax changes are listed in the "Topical
Index" under BILL INFO (at www.leg.wa.gov).
RULEMAKING
Several Bills propose changes to Washington
State's Administrative Procedures Act (APA). These 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: SHB 1310 (now moved to House Appropriations), HB 1312, HB 1313,
HB 1314/ SB 5052, HB 1315/ SB 5053, and HB 1531 (which would require the governor's
signature on significant legislative rules and is now in the House Rules Committee,
waiting to be scheduled for Floor Action).
Some changes in the Rulemaking
process have already passed in the Full Senate. E.g., SB 5052 would delay the
implementation of significant agency rules, 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
SHB 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. It has been amended
to include a ten-year time period for reporting (a change from the current three-year
reporting time).
This bill is now before the House Rules Committee, where
it is waiting to be scheduled for Floor Action.
ESHB 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. Nonetheless, the bill is controversial.
This bill passed
the full House, by a vote of 62-35; it goes next to the Senate.
HB 1645/
SSB 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.
The House bill is now on the House Floor. It
may be voted on soon.
The Senate bill was substantially changed in Committee
and appears unlikely to be scheduled for Floor Action.
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 deciding child custody. Advocates fear this may be used against
victims of Domestic Violence who are reluctant to permit close contact with an
abusive parent; it could have a chilling effect on disclosure of domestic violence
and other safety concerns.
This bill appears to be DEAD.
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.
This bill appears to be
DEAD.
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 is now on the Senate Floor.
It could be voted on soon.
SSB 5870 - RELATING TO REGISTRATION OF SEX OFFENDERS
AND KIDNAPPING OFFENDERS
This bill would revise requirements for registration
by sex offenders.
This bill is now in the Senate Rules Cttee, 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 states that 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 determining
the existence of a mental state which is an element of the offense.
The Senate
Substitute bill contains new language that expands the term "voluntary intoxication"
to include not only alcohol, but also voluntary intoxication due to any drug.
The
House bill appears to be DEAD.
The Senate bill is now in 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.
This bill appears to be DEAD.
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.
This bill appears
to be DEAD.
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.
This bill appears to be
DEAD.
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.
The Substitute bill contains
new language that, (1) states that the arresting officer must have probably cause
to believe that the person is inebriated, and (2) require a specific definition
of a "business district." The provision that originally authorized localities
to enact an ordinance to increase the penalties for violations of the open container
law in "alcohol impact areas" is eliminated.
This bill is now in
the House Rules Cttee, 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.
This bill appears to be DEAD.
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. According to
the House Finance Committee, this tax would raise the price of a 12 ounce beer
by 7.2 cents per bottle, and 43 cents per six-pack. (Much higher, wildly-inflated
figures have been reported in the media.)
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 soon."
This bill
appears to be DEAD.
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.
This bill
is now before the House Appropriations Committee.
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
Senate Substitute bill clarifies that the manufacturing of methamphetamine is
a Class A felony.
The House bill is now before the House Appropriations Committee.
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