Welcome to Policy Watch 2003

WEEK 9

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
Roughly one-third of the Session remains. And with legislators spending most of Weeks NINE and TEN focused on Floor Votes, the buildings housing members' offices are largely empty, and there isn't the usual bustle of citizens coming for lobby days or Public Hearings. When the Capitol was open, people still came to Olympia, and crowded around just outside the House and Senate Chamber doors; this year new arrangements had to be made.

Initially the temporary system was to be new and different, but that quickly gave way to a system much like the old one. Granted, the venue has changed, but not much else. Instead of hanging around outside just off the Senate chamber in the Capitol building, a similar (but smaller) crowd of people now hangs around on the first floor of the Pritchard building (the old State Library building) just outside the entrance to the temporary Senate Floor. By now even the familiar notepads of pink message slips stand ready for delivery to the Senators' desks. The one big difference is that Senators who get a message don't come out to meet with citizens for a brief chat - though some think that too will change before long.

It's a bit harder on the House side. In theory there's a similar gathering area in the White Tent just outside "Mod 2" - the two-story modular building that includes a temporary House Floor. But the tent is less pleasant, and consequently less occupied. It also is, and feels, more removed from the action. One nice touch is that the Bill Room has installed two computers just inside the doors of the Pritchard building, so visitors can tap out a brief electronic message to send to their Representatives and Senators. That way, legislators who bring their laptops to the House or Senate Floor can still get messages from constituents - in Olympia or back home - even while floor debate is underway. It is one more sign that the wired world is alive and well in Olympia.

So come to Olympia this week, head for the cafeteria and a hot cup of coffee. Then, feel free to join the lobbyists milling around just off the temporary Senate Floor, or head for the big screen TV's in the O'Brien building to watch the House and Senate Floor action unfold.

THE PROCESS

FLOOR ACTION (cont.)
(This picks up from last week's description of what happens when a bill gets to the Floor.)

Even if you know that there are 50 or 60 bills listed for "Floor Activity" these days, the process itself is a bit startling - largely because everything happens so fast.

The setting itself is pretty informal, since the large-screen TV's that show Floor Action are in O'Brien Building Hearing Rooms. That means the chairs are comfortable, and the hushed atmosphere of a House or Senate gallery in the Capitol building is missing. Instead, it feels a bit like watching a movie on a VCR with friends - not noisy, but definitely not formal either. While the screen fills with shots of the Presiding Officer or one of the legislators, those watching laugh, gasp, and offer little comments. "What just happened?" "Can they DO that?" "I wrote that bill - that's not what it covers!" "Did you hear THAT!" Plus, there's the added bonus (sometimes) of getting a much closer look at the facial expressions and body language of the legislators when the camera or microphones zoom in. At one point the Speaker reminded a colleague that the sound of "private" conversations on a cell phone carry reeeeeally well on the House floor….

Many bills practically zip through the process. The Speaker or Lieutenant Governor will call up a bill, ask for agreement to adopt amendments added in Committee, and recognize those wishing to speak. Each "speech" is brief: a few sentences, maybe 30 seconds or so in length. Sometimes amendments are offered and debated.

Frequently Members mention they've been hearing from voters back home who want a bill passed or defeated. "People in my District care about this: it's what they want… I urge you to vote YES…" said one. Occasionally a member will read from a letter or email from a voter. (When one email addressed to a Representative started off by addressing him as "Dear Senator," everyone laughed… and then proceeded to claim the title.)

As soon as the speeches are finished, the Presiding Officer announces that the Voting Machine is open… asks if everyone who wishes to has voted… asks if anyone needs to change a vote… and then declares the machine closed. The final vote flashes on the screen; victory or defeat for the bill is announced, and everyone quickly moves on to the next bill.

Total time elapsed on a bill: 3-4 minutes.

A word about votes
You'll see a few notations over and over in this POLICY WATCH: e.g., "This bill appears DEAD;" or: "the House/Senate bill passed the House/Senate, by a vote of ____." Often the vote is unanimous, or nearly so. That is a credit to the process, not a sign that everyone always agrees. Those unanimous votes don't start out unanimous - they are the product of all the hearings, emails, calls, and visits from citizens… along with all the amendments, debates, discussion, and compromises by the Members. By the time a bill gets out to the House or Senate Floor, usually the contentious elements (and this year, the costs) have been eliminated. A bill may start out very controversial… only to emerge - much amended -- with a unanimous vote.

Look carefully at the margin by which your bills won or lost. If a bill you care about gets a lop-sided vote -- most votes affirmative, a handful against - you know that your bill is in good shape. That means the bill has won strong support from members of both parties - something sure to ease the way in the second house. By contrast, a bill that comes out of the House with a 52-46 vote, or out of the Senate with a 25-24 vote, has only passed thanks to party-line votes - and that bodes ill since Republicans hold the majority in the Senate and Democrats hold the majority in the House. A bill without bi-partisan support at this point is a bill in very big trouble.

Close votes are another warning sign. A bill that wins passage by just a handful of votes very likely still has some rough spots to smooth out. So, bottom line: if the vote on a bill you care about was close, or looks like it came along party lines, know that you have some work to do to get it through the second House. Then say a word of thanks for a system that gives us more than one chance to improve and pass a bill… and get started.

PRACTICAL TIP
With so many bills being considered each day, right now short messages are best. One new legislator commented that before he got elected he thought he'd want to hear everything possible about a bill before voting. Now, faced with the reality of so many votes on so many issues every day, he just wants to "…cut to the chase: what do you want me to do, and BRIEFLY - why."

That's one more reason to use the Toll-free HOTLINE. It only accepts messages to YOUR Senator, Representatives, and the Governor, and brief HOTLINE messages are the order of the day. Just call: 1-800-562-6000.
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BRIEF SNAPSHOTS FROM THIS WEEK - Making a Difference

** One bill that passed the House of Representatives this week, HB 1615, was drafted by students at Snohomish High School. Their friend died after the speaker in her car came loose and hit her during an accident, so this bill would require that auto speakers be bolted in place. The students not only came up with the bill, they lobbied it through the House to a hefty 73-23 vote. The bill now moves to the Senate.

** Not to sugar-coat the role of lobbyists, but one reason to befriend them is… they know which offices keep candy on hand, what kind, and in some cases - where it is hidden.

** It's all about relationships. One human services lobbyist who works hard to win votes from both Republicans and Democrats got an email smiley face from a Republican he's befriended - right after a winning final vote. Meanwhile, the Democrat managing the bill went out of her way to thank and complement all the Republicans who had helped make the win possible.

** Seattle Center students?

** One of the most popular figures in the Capitol Cafeteria these days never lobbies anyone. It's the Seeing-Eye Dog of one of the Cafeteria workers, a gentle, unflappable Irish setter.

** From the "department of appearances can be deceiving." At a press event on HB 1869, a bill for review of tax preferences, one speaker was identified as being with a group called Responsible Wealth - people who did, or expect to, pay estate taxes, and believe the estate tax should be retained. Turns out the guy with the most assets was also the most rumpled.

** Last week's PW included an item comparing food stamp benefits with student meal charges at WWU. It turns out the numbers were incorrect on both counts, according to the chagrined (non-math-major) parent. Here is the item with correct figures.

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). An 18 year old female food stamp recipient gets $1.37/meal - maximum; students get $6.98/meal - but frequently add to that amount. (The charge on a student meal card is often higher.)

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:

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

Fair warning: This bulletin only comes out weekly, and does not pretend to be comprehensive. If there is an issue category you care about, use the legislative website to monitor (www.leg.wa.gov) because the action changes daily.

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: Until close-of-business on March 19, most of the activity in Olympia will occur in the form of votes on the House and Senate Floors. The results of those Floor votes may change what is written here. If a bill you care about is listed as being before the House or Senate Rules Committee, or on the House or Senate Floor, check the Bill Status Report (www.leg.wa.gov), or the relevant Committee, or your legislator to learn its status.
Bills that did not move out of a Policy and/or Fiscal Committee "appear DEAD." They continue to show up in this week's POLICY WATCH because in rare cases they may be added to similar bills on the Floor, and thus may survive. Next week, after the cut-off for Floor Action on the 19th, bills that did not survive will disappear from POLICY WATCH.
Also note that sometimes bills with a fiscal impact are considered "necessary to implement the budget…." They are exempt from cutoffs until the 96th day - April 18.

AGING/LONG-TERM CARE

Work Session
On Thursday, 3/20 at 3:30 pm, there will be a Work Session devoted to the Home care worker collective bargaining agreement, before the Senate Ways & Means Committee. Senate Hearing Room 4, Cherberg Building. Also on TVW.

HB 1029/SB 5034, and HB 1071/SB 5002 - PROVIDING PROPERTY TAX RELIEF. These are among several bills to provide tax relief for senior citizens and others retired because of physical disability. (HB 1044, and HB 1116 also deal with this issue.) The bills were referred to the House Finance Committee, and Senate Ways & Means Cttee.
Of these bills, only one survived. SB 5034 passed the Senate by a vote of 43-6. It goes next to the House.

2SHB 1214/ SB 5406 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
As amended, this bill now contains elements of several bills, dealing with: Bulk Purchasing by state agencies, Information and Referral to free drug programs, Preferred drug lists, and Instructions to the department to seek a Medicaid Waiver from the federal government to create a prescription drug benefit for low-income individuals. (The Governor's original proposal assumed funding for a senior pharmacy Medicaid waiver would come from co-pays and deductibles levied on children. This proposal was rejected.) Doing any of these things is contingent on finding a funding source - no small trick given the $2.4 billion deficit.
An estimated 50,000 low-income seniors lack drug coverage, and Medicare doesn't cover medications. Legislators in both parties appear determined to do something, and this bill is moving. Action in Week Three included amendments adopted in the Appropriations Committee, fast approval of the amended bill - now known as Second Substitute House Bill (2SHB), and prompt action by the House.
The Senate bill appears DEAD.
The House bill passed the House by a vote of 64-33.
On Thursday, 3/20 at 10:00 am, it will get a Public Hearing before the Senate Committee on Health & Long-Term Care. Senate Hearing Room 4, Cherberg Building. Also on TVW.

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.
This bill passed the House by a vote of 93-0 (5 absent). It goes next to the Senate.

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 on the Senate Floor. It needs a Floor Vote by 3/19 to stay alive.
The House bill is in the House Rules Cttee, 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.) Although the bill continues to move, concerns have been raised that some legislators have suggested "paying for" the benefits for home care workers by reducing benefits to the people receiving home care.
This bill is in the House Rules Committee, waiting to be scheduled for Floor Action.

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.
This bill appears DEAD.

SB 5730 - RELATING TO ELIGIBILITY FOR LONG-TERM CARE SERVICES UNDER MEDICAID.
This bill attempts to deal with 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; it appears DEAD.

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 is now in the Senate Rules Committee, waiting to be scheduled for Floor Action. A vote is needed by March 19 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 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

2SHB 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 on the House Floor. A vote is needed by March 19 for it to stay alive.

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 is now in the Senate Committee on Children & Family Services & Corrections.

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 is now before the Senate Committee on Children & Family Services & Corrections.

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 before 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 before 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 on the Senate Floor. It may be voted on soon.

2SHB 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 passed the House, by a vote of 94-0. It goes next to the Senate Committee on Children & Family Services & Corrections.

2SHB 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 on the House Floor. It may be voted on soon.

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 passed the House, by a vote of 92-0. It goes next to the Senate Committee on Children & Family Services & Corrections.

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 on the Senate Floor. It may be voted on soon.

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 on the Senate Floor. It may be voted on soon.

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 on the Senate Floor. It may be voted on soon.

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 on the Senate Floor. It may be voted on soon.

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 on the Senate Floor. It may be voted on soon.

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 passed the Senate, by a vote of 45-3. It is now in the House Children & Family Services Committee.

SB 6016 - TRANSFERING THE FUNCTION OF THE COUNCIL FOR PREVENTION OF CHILD ABUSE AND NEGLECT (WCPCAN) TO THE FAMILY POLICY COUNCIL.
This bill would retain most of the functions of WCPCAN but place them under the purview of the Family Policy Council. WCPCAN would then be eliminated as a separate entity.
This bill is in the Senate Rules Committee, waiting to be scheduled for Floor Action.

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. The House bill passed the Full House by a vote of 75-20 (3 absent).
On Thursday, 3/20 at 10:00 am, the House bill will get a Public Hearing before the Senate Higher Education Committee. Senate Hearing Room 3, Cherberg Building.

HB 1090 -TRAFFICKING OF PERSONS Task Force
This bill would extend the life of the Washington state task force against the trafficking of persons, created by legislation in 2002.
This bill passed the full House, 96-1. It is in 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 on the Senate Floor. The House bill passed the full House.
On Thursday, 3/20 at 1:30 pm, the House bill will get a Public Hearing before the Senate Financial Services, Insurance & Housing Committee. Senate Hearing Room 4, Cherberg Building. Also on TVW.

SHB 1175 - PROHIBITING TRAFFICKING IN PERSONS
This bill establishes penalties for trafficking in persons, and defines the crime of sex trafficking. Penalties relate to the age of the victim, the nature of the acts the individual is forced to perform, and whether there was financial profit involved.
This bill passed the House 97-0. It is now in 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 Cttee, waiting to be scheduled for Floor Action.

HB 1939/SB 6014 - 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.
Both bills appear 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 must be voted on by 3/19 to survive.

ESSB 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 passed the Senate by a vote of 48-0.
On Friday, 3/21 at 8:00 am, it will get a Public Hearing before the House Committee on Criminal Justice and Corrections. House Hearing Room E, O'Brien Building.

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 Rules Committee, waiting to be scheduled for Floor Action. It needs to be voted on by 3/19 to survive.

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 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 declared DEAD, then re-written. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

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. It appears DEAD.

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 on the Senate Floor. It must be voted on by 3/19 to survive.
The House bill is now in the House Rules Cttee, 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 passed the Senate, by a vote of 47-0. It goes next to the House Health Care Committee.
The House bill passed the House, by a vote of 95-0. It goes next to the Senate Health & Long-Term Care Committee.

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 is now on the House Floor. It must be voted on by 3/19 to survive.
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 on the Senate Floor. It must be voted on by 3/19 to survive.

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 on the House Floor. It must be voted on by 3/19 to survive.

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 on the House Floor. It must be voted on by 3/19 to survive.
The Senate bill appears DEAD.

SSB 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 on the Senate Floor. It must be voted on by 3/19 to survive.

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.")
Three amendments were adopted; they concern: retraining for employees, classifying Fircrest employees as dislocated workers (to qualify them for special unemployment assistance), and ensuring that Fircrest residents who have to move will get "comparable or better" services at their new RHC.
This bill passed the Senate, by a vote of 37-12. It goes next to the House.

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 in the House Appropriations Committee. It appears DEAD.

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 1002/ SB 5124 - REDUCING THE RELEASE OF MERCURY INTO THE ENVIRONMENT.
This bill intends to reduce the amount of mercury pollution by banning the sale, mis-handling, and distribution of products that contain mercury, such as thermometers, fluorescent lamps, auto switches, and mercury-added novelties, including light-up-sneakers. It also provides for education about mercury, and provides for the safe handling and disposal of items containing mercury.
The Senate Bill appears DEAD.
The House Bill passed the House by a vote of 97-0. It is in the Senate Committee on Natural Resources, Energy & Water.

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 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, 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 Senate bill is DEAD.
The House bill passed the full House by a 64-33 vote. See description under this entry in Aging/Long-Term Care.
On Thursday, 3/20 at 10:00 am, it will get a Public Hearing before the Senate Committee on Health & Long-Term Care. Senate Hearing Room 4, Cherberg Building. Also on TVW.

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 passed the House, by a vote of 84-12. It goes next to the Senate.

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 passed the House, by a vote of 91-0. It goes next to the Senate Committee on Health and Long-Term Care.
The Senate bill remains 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.

HB 1871/ SSB 5521 - ACCESS TO HEALTH INSURANCE
Early versions of this bill described it as authorizing "bare bones" coverage for small employers. The much-amended Senate bill would change what employers with fewer than 50 employees must provide in a minimum health insurance policy. (They represent approximately 70% of the state's employers.) The bill might result in increased premiums for people over 40, weakened community ratings, and a narrowing of provider law. Advocates for people needing chemical dependency treatment or mental health services are particularly concerned. It is being watched closely.
The House bill appears to be DEAD.
The Senate bill passed the Senate, by a vote of 29 -20.
On Thursday, 3/20 at 10:00 am, it may get a Public Hearing before the House Health Care Committee.

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 passed the House, by a vote of 95-0. It goes next to the Senate.

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.

ESSB 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 passed the Senate, by a vote of 44-5. It goes next to the House Committee on Fisheries, Ecology & Parks.

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.

SB 5807 - REVISING THE BASIC HEALTH PLAN.
This bill would make it more difficult to qualify for the Basic Health Plan, and reduce health services benefits to those who do qualify. Anyone eligible for Medicaid would be ineligible for the BHP, as will people with assets over $7,500 (excluding a house, and a car worth less than $5,000). BHP benefits would only be available for five years - irrespective of participants' health status. Opponents refer to this bill as the "TANF-izing of the BHP" - a reference to the fact that it would make this program for low-earning workers mirror many of the rules now applying to TANF - the temporary assistance welfare program for families with children. It is estimated that these changes will result in 4,000 people losing eligibility now, more later.
This bill passed the Senate by a vote of 33-16. It goes next to the House Committee on Health Care.

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 an increase in the property tax levy (initially 25 cents per $1,000, but a compromise at a lower figure is expected). 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 is estimated that this would generate enough to assure current levels of funding and accommodate some increases - particularly in counties with growing populations. However at some levels 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 compromises under discussion would make it acceptable to education supporters, while still useful to public health supporters. Interested parties should watch this closely; it appears likely to change on short notice. Action is expected first in the Senate. These bills may be treated as necessary to the budget, and thus exempt from most cutoff dates.
The House Bill is in the House Finance Committee.
The Senate Bill is in the Senate Committee on Ways & Means.

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 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

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 Committee on Local Government.

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 remains in the House Rules Committee, to be scheduled for Floor Action.

HB 1866 - IMPROVING NUTRITION IN PUBLIC SCHOOLS
This bill would require the development of statewide recommendations 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, 3/20 at 10:00 am, there will be a Work Session devoted to the Indian Child Welfare Act, before the House Committee on Juvenile Justice & Family Law. House Hearing Room C, O'Brien Building.

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 remains in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 1010 - DISCHARGE OF A MINOR FROM A MENTAL HEALTH FACILITY
This bill directs the 'professional person' to discharge minors who have been voluntarily admitted to an evaluation and treatment facility, on the second judicial day following receipt of the minor's notice of intent to leave the facility. Under current law, such a minor must be discharged immediately; this bill provides a bit of "breathing room."
This bill passed the House, 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.
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 remains in the House Appropriations Committee. It appears DEAD.

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.
This bill passed the House, by a vote of 95-0. It is now in the Senate Committee on Children & Family Services & Corrections.

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. It has been sent to the Senate Ways & Means Committee.

SHB 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. There will be a first report at 24 hours, informing DSHS that the youth is safe; twenty-four hours later DSHS will inform parents - providing time to gain the youth's trust and better assess the youth's needs.
The bill passed the House, by a vote of 92-4. It goes next to the Senate Children & Family Services & Corrections Committee.

SHB 1824 - DEVELOPING CRITERIA TO ENSURE QUALITY CONTROL IN RESEARCH BASED TREATMENT 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.
This bill passed the House, by a vote of 94-0. It goes next to the Senate.

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. (Provisions of this bill may be added to another on a similar topic, in the Senate.)
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 on the Senate Floor. It must be voted on by 3/19 to survive.

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

SHB 1041/ ESB5223 - 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 passed the House, by a vote of 96-1. It goes next to the Senate.
The Senate bill passed the Senate, by a vote of 48-0. It is now in the House Judiciary Committee.

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. 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 Senate bill appears DEAD.
The House bill passed the House by a vote of 64-33. (See description under this entry in Aging/Long-Term Care.)
On Thursday, 3/20 at 10:00 am, it will get a Public Hearing before the Senate Committee on Health & Long-Term Care. Senate Hearing Room 4, Cherberg Building.

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 remains in the House Rules Committee, 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 passed the House, by a vote of 92-0. It goes next to the Senate Committee on Health and Long-Term Care.
The Senate bill remains in the Senate Rules Committee, 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 remains in the House Appropriations Committee. It appears to be DEAD.

HB 1871/ SSB 5521 - ACCESS TO HEALTH INSURANCE
Early versions of this bill described it as authorizing "bare bones" coverage for small employers. The much-amended Senate bill would change what employers with fewer than 50 employees must provide in a minimum health insurance policy. (They represent approximately 70% of the state's employers.) Advocates for people needing chemical dependency treatment or mental health services are concerned about this bill and watching it closely.
The House bill appears to be DEAD.
The Senate bill passed the Senate, by a vote of 29 -20.
On Thursday, 3/20 at 10:00 am, it may be added to the Public Hearing before the House Health Care Committee.

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 - REGARDING THE TRAINING OF LAW ENFORCEMENT OFFICERS.
Although similar to SSB 5473, this is not a companion bill. The bill deals with the training of law enforcement officers who deal with the Developmentally Disabled and the mentally ill.
This bill passed the House, by a vote of 96-0. It is now in the Senate Judiciary Committee.

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.

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 invol-ving 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 Senate bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

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.

HB 1978/ SSB 5946 - CREATING AN OFFICE OF MENTAL HEALTH OMBUDSMAN
This bill would create an independent mental health ombudsman system and
separate the ombudsman functions from the Regional Support Networks (RSN).
The House bill appears to be DEAD.
The Senate Bill is on the Senate Floor. It may be voted on soon.

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

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. This could either stand alone, or be combined with other revenue options.

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 1756/SB 5659 - AUTHORIZING ADDITIONAL FUNDING FOR LOCAL GOVERNMENTS
This bill is an attempt to respond to the funding challenges facing local governments, primarily in the areas of criminal justice and public health. It would allow local governments to raise revenues (chiefly property and/or sales taxes, but not utility taxes) to better protect the health and safety of their residents. The bill does not include King County.
The House bill is now before the House Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.

SHB 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. It sets up a citizen commission (including some legislators) to review all tax preferences over a 10-year cycle. There are currently over 430 tax preferences, which cost the treasury $46 billion during the biennium. Many have been on the books for years, without any review for outcomes or effectiveness. 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 similar to one of the recommendations contained in the Washington State Tax Study Commission, reported to the legislature last December.)
This bill is on the House Floor. It could be voted on soon.

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 is before the Senate Committee on Ways & Means.

SB 5057 - RELATING TO TAX REFORM
This bill appears to provide for a flat tax to be applied to Adjusted Gross Income, determined for federal income tax purposes.
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.

SHB 2098/ SB 6006 - PROVIDING FINANCIAL ASSISTANCE TO COUNTIES
It is the intent of this bill to give local communities more "tools" for raising revenues and determining their own desired level of public services, based on local economic conditions and differing public safety, human service, or economic development priorities. In cases where economic changes have left communities unable to fund minimum required services, direct financial assistance may be provided to ensure basic governmental services. As might be expected from the title, this bill is of special importance to county governments struggling to maintain basic services for their residents.
The Senate bill is in the Senate Ways & Means Committee.
The House bill is now before the House Rules Committee, waiting to be scheduled for Floor Action. It must be voted on by 3/19 to survive.

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 (now on the Senate Floor, waiting for a vote). HB 1531 (which would require the governor's signature on significant legislative rules passed the House).

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. All of the Senate-passed bills have been sent to the House Committee on State Government. SB 5256 and SB 5257 will get a Public Hearing before that Committee on Thursday, 3/20 at 8:00 am.

SEXUAL ABUSE/DOMESTIC VIOLENCE

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. It remains in the Senate Rules Committee.

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 passed the Senate, by a vote of 48-0. It goes next to the House Committee on Criminal Justice & Corrections.

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 in the Senate Rules Cttee, 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.

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 appears to be DEAD (unless deemed necessary to implement the budget).

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" counti