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Welcome to Policy Watch 2003

WEEK 12

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
Only three weeks remain in the 15-week Session, and everyone in Olympia knows it. Action on bills gets wrapped up next week, while much of the collective energy is focused on THE BUDGET. So far, members seem far apart on what constitutes a fair, responsible, and fiscally sound budget -- but everyone knows that without a speedy consensus, they'll have to go into over-time.

To reach that consensus, legislators are eager to hear what's of greatest concern to the voters in their districts. That made the March 22 "Town Hall Meetings" particularly important: a timely opportunity to influence end-of-Session decisions.

Nearly half the members of the House of Representatives (23 Democrats, 17 Republicans) sponsored one or more of these events for citizens to hear directly from their elected officials - and for elected officials to hear directly from their constituents. Senators also sponsored meetings - sometimes jointly with the Representatives from their District, or with the Senator from an adjoining District. And members from both parties were generally pleased by the results; in a few districts, Republicans and Democrats held joint Town Hall Meetings.

"Results" translated in many cases to a combination of good turn-out, and good information. While most reported turn-out of 40-100 people, one new member drew over 100 people; and staff from both parties reported that many "ordinary citizens" -- individuals, not members of the well-organized groups that turn up in Olympia -- showed up to talk about priority issues. (However, considering that each Legislative District represents about 130,000 people, turn-out of "50" is something less than broadly representative.)

Effective Use of a Work Session
Even at this late stage, there is more than one way to be effective, and this week saw a text-book example of "How to Use a Work Session Effectively."

As noted in last week's PW, the House Committee on Juvenile Justice and Family Law had scheduled about one hour for a Work Session on the truancy provisions of the "Becca Law" passed in 1995. (The law was named for an adolescent runaway named Becca, who was found murdered, and whose parents helped press for changes in existing laws.) When notices like that are ignored, an opportunity is lost; more important, Committee members may be left with the impression that nobody cares. In this case, the hour unfolded like well-orchestrated performance - and everyone present was made vividly aware of just how much people care.

Five panels presented information to the Committee from different perspectives: law enforcement, education, Judges and Court personnel, District Attorneys, and social service providers. Each provided evidence of the truancy provisions' effectiveness - in lowering crime rates, school drop-out rates, juvenile violence rates, family preservation.

In addition to the panels, supporters of the truancy provisions had prepared a packet of information -- complete with charts, graphs, summaries of recent studies, and letters of support from individuals who "wanted to be here but could not." To accommodate the many people eager to participate in the session, the Committee had moved from its usual small Committee Hearing Room to one twice the size - and nearly all the seats were full. One panelist noted that in deference to the Committee's limited time, they had small panels of presenters, but "school officials from eight districts around the state" cared enough just to show up and sit in the audience. (The Chair immediately invited them to raise their hands, creating a brief forest of raised arms in the audience.)

One last touch: Becca Law supporters asked Senators and Representatives from other Committees to be present and show their support - which several did. By the time the subject turned to the need to preserve funding in the budget for continued implementation of these provisions, this very effective use of a Work Session had done its job.

THE PROCESS - Senate Budget Released
There have been numerous analogies used this week to describe the proposed Operating Budget released by the Senate this week. One group described it as being like a blanket that is too small - pull it to cover one sleeper, and the other is left in the cold. Another compared its authors' description as wrapped in the language of love… long on emotion, short on truth, designed to please.

Highlights related to the different policy areas will be found at the end of each section of PW.
But the short version has been widely reported in the press. The Senate Budget is similar to the Governor's with respect to dealing with the deficit - neither budget includes new taxes or funding for the education initiatives; both eliminate about 2,500 state jobs and make deep cuts in health and social services.

That said, there are some notable differences. The Senate Budget restores some funding for disability services and youth-related services, makes no provision for the Home Care Workers' contract, and cuts deeply into the Basic Health Plan and child health coverage. Some 100,000 state workers and another 100,000 public school employees would get no raises. Meanwhile, state employees would have to pay more for their health coverage.

Some commentators have noted that the Senate budget also makes some unrealistic assumptions about funds available. They include: money from the Tobacco Settlement (which probably will not be available in light of a recent Illinois Court action); rosy projections of additional federal funds; and the questionable assumption that the House will pass about a dozen Senate bills affecting the budget. Finally, the Senate budget provides for about $116 million in new tax breaks (several hundred million more dollars in additional tax breaks are at stake in bills still pending in the fiscal Committees).

Even if there are some new revenues, all the budget decisions will be hard ones.

Three Budgets getting attention:

Proposed Transportation Budget.
Released in Week Eleven, the two houses are coming closer to agreement on a Transportation budget. A compromise is expected shortly.

House Democrats released their proposal for a $4.6 billion (2003-2005) Transportation Budget that includes a 3 cent-a-gallon increase in the gas tax, to generate additional money for roads, car ferries, and public transit. Referred to by some as "Referendum 51-Lite," it reflects one view of how to improve transportation gridlock after the failure of Referendum 51 at the polls last November. Next day the Governor proposed raising the gas tax by 4 cents. And the Senate Republicans quickly countered with a $4.1 billion proposal that includes a 5 cents-a-gallon gas tax increase, to generate even more money for roads. One thing is common to all three: none would go to the people; all would be decided in Olympia.

The transportation proposals are a good reminder that the devil is always in the details. Republicans said they oppose any NEW taxes; the transportation budget makes clear they do not oppose increasing an EXISTING tax. That prompts a question: if Senate Republicans are willing to raise existing taxes for roads, will they also raise existing taxes for people?

The 2001-2003 Supplemental Budget. In odd-numbered years the legislature passes a biennial budget covering two years. In even-number years they pass a "supplemental" budget - usually modest adjustments to carry the state through to the end of the current fiscal year. This year's Supplemental Budget passed in Week Twelve, speeding up some cuts proposed for the next Biennium, and generally continuing the shrinking of government.

The 2003-2005 General Operating Budget. By tradition, the House would have been the first to offer a proposed budget this year.
In Week Twelve, the Senate got tired of waiting and passed its own version of the General Fund Operating Budget. Senate Republicans were open in their praise for the Governor's "all cuts" approach to resolving the deficit, and offered something very similar.
The House budget is expected to include some new revenues, but House members continue to be divided as to how much revenue should be included, and from what sources.


PRACTICAL TIP
Friday, April 18 marks the last cut-off: the date when all "opposite house" bills must be voted on by the full House or Senate - or die. If a bill you care about is still alive, contact your legislators to let them know your views. At this point, everyone is represented as the final votes are cast, and every vote counts. If you don't see your bill listed here, call your legislators or check the Legislative website: www.leg.wa.gov. Click on "Bill Info" and then type the number of your bill in the box at the top right of the page. You'll be able to check its current status, the actual language of the bill, and a digest of the changes made along the way - among other things. It's a wonderful resource.

To leave a message for your Senator, two Representatives, and the Governor (or just one of these), use the Toll-free HOTLINE. It only accepts messages to YOUR Senator, Representatives, plus the Governor. And it takes only a minute or two: brief HOTLINE messages are the order of the day. Call: 1-800-562-6000.
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BRIEF SNAPSHOTS FROM THIS WEEK
** Young lobbyists, defined as those not old enough to vote in the Mondale-Reagan election, were invited to an Olympia briefing. Lobbyists for business interests included several who were bragging pretty openly. One said he could not even remember the names of some of his clients… but apparently that doesn't matter: his retainers add up to $250,000/year (or so he claimed).

** Meanwhile Senate Majority leader Jim West had a name for all the no-pay and low-pay people who lobby for children, the homebound, the elderly and others with mental and physical disabilities, the people who earn too little to keep food on their tables. West was quoted as saying, "They are the perpetual pathetics. They're always here whining… there's never enough money for them."

** Presumably that also includes beauty-pageant winner Miss Washington; after all, she was in Olympia this week -- to advocate for affordable hearing aids for low-income students.

** It might also include a 63-year old home care worker who has been lobbying legislators to honor the home care workers' contract approved by the voters, and who wrote to Senator West saying, "You understand how hard we work and how hard our jobs are. I was one of the workers that took care of your mom...."

** One can only assume it doesn't include the people asking for more tax breaks that would cost the state as much as most social programs. After all, Mr. West is a co-sponsor of some of those bills (just one, for example, would cost the state $213.5 million in the next budget - more than enough to cover the cost of the child health coverage cuts).

** Still standing. Only about one-third of the bills introduced during this Session are still "alive" -- a number that will shrink by week's end.


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 accepted saving recommendations contained in the Governor proposed 2003-2005 biennial budget, but moved up the effective date to April 1. Among the provisions were several health care cuts proposed in the Governor's budget for 2003-2005 (e.g., no new applicants accepted in the Basic Health Plan). The reasoning: if this saves money in future years, these could begin saving now.
Also included in the Senate Supplemental budget were 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). Not included is the Senate cut of $1.5 million in Adoption Support.

In mid-March, a Conference Committee was appointed, consisting of three members from the House Appropriations Committee and three members from the Senate Ways & Means Committee, to work out differences between the two bills. In Week Twelve, they issued their Conference Report, reflecting the consensus reached. That compromise bill passed the House by a vote of 95-1, and passed the Senate by a vote of 34-14.
The final product can be seen in two documents: "Supplemental Operating Budget Summary" and "Statewide Summary and Agency Detail," both published by the Senate Ways & Means Committee, and available at www.leg.wa.gov (click on Senate, then go to Committee Services and click on Ways & Means Committee).


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/.

The Senate (Republican) approach to solving the budget crisis is available at:
http://leap.leg.wa.gov/leap/budget/detail/2003/so0305p.asp.

PART III - SOME ISSUES

This section notes upcoming hearings, plus categories of bills, including:


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

REMINDER: House Bill numbers begin with 1 or 2; Senate Bill numbers begin with 5 or 6. A bill identified as SB 6264 is the 1,264th Senate Bill introduced in the session;
HB 1058 would be the 58th bill introduced in the House.
NOTE: Bills that were not acted on by close-of-business on April 4, are probably DEAD. That is noted in POLICY WATCH. (Next week they'll disappear.) Some bills may still be voted on in one of the Fiscal Committees by c.o.b. Monday, April 7.
It is possible for a bill to appear dead at this point - but later be revived. It could be deemed "…necessary to implement the budget," or it might get amended onto a similar bill in the opposite house. In those cases, the bills will reappear in PW.

Meanwhile, if there is a bill you care about, continue to check the website (www.leg.wa.gov), the relevant Committee, or your legislator to learn its status.

The last cutoff for action on "Opposite House" bills is c.o.b. Friday, April 18.

 

AGING/LONG-TERM CARE

E2SHB 1214 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
This is one of two bills remaining on this issue (SB 5904 is the other). As amended, this bill now contains elements of several bills, dealing with: Bulk Purchasing by state agencies, Information and Referral to free drug programs, (relatively) Flexible 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.) In its current form it is expected to save $19 million over the biennium.
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.
It is now in the Senate Ways & Means Committee.

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 is now in the Senate 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.) This bill remains alive, because it is deemed "necessary to implement the budget."
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SB 5034 - PROVIDING PROPERTY TAX RELIEF FOR SENIOR CITIZENS AND PERSONS RETIRED BECAUSE OF PHYSICAL DISABILITY. The title of this bill tells the content. Several bills were introduced on the same subject; this one survived.
SB 5034 passed the Senate by a vote of 43-6.
In Week Eleven, it got a Public Hearing before the House. Finance Committee. Eligible for Executive Session. Needs action by c.o.b. April 7.

SB 5341 - ESTABLISHING A QUALITY MAINTENANCE FEE ON NURSING FACILITIES.
This bill would apply a fee of $6.50/day to most days of nursing home care, to support a 3% increase in Medicaid payment rates and help maintain the quality of nursing home care.
This bill is now in the Senate Rules Committee, to be scheduled for Floor Action.

SB 5904 - CONCERNING PRESCRIPTION DRUG ASSISTANCE PROGRAMS FOR SENIORS
This bill is one of two remaining to deal with this issue (HB 1214 is the other). It 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 has been scaled back since its introduction. E.g., it no longer would make drug discounts open to all uninsured seniors and low-income people, but it would permit the sharing of drug discounts with selected groups.
In Week Twelve, this bill was voted out of the House Health Care Committee. It is now in the House Appropriations Committee. Needs action by c.o.b. April 7.


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 Legislature must vote on the contract, but cannot change it. The related bill, HB 1777, is believed to be picking up bi-partisan support.

(1) Governor's Budget
* The Governor included funds for the Home Care workers' contract in his budget.
* The Governor eliminates vendor rate increases (includes those providing long-term care) and an expected home care worker increase.
* The Long-Term Care Ombudsman was eliminated in the Governor's original budget proposal. It is now believed that this provision was dropped when it was learned that "elimination" would jeopardize $19 million in federal Older Americans Act (OAA) funding. However, he is still calling for a $1.2 million reduction in state funding.

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.

(2) Senate Budget
* Does not fund the Home Care Workers' contract.
* Cuts 700 people from the COPES program (which provides homecare and community residential care services as an alternative to nursing homes).
* Increases the eligibility standards for those remaining on the COPES program, making it more difficult for people to get needed care.
* Limits elderly legal immigrants on General Assistance to 18 month of cash and medical benefits over a lifetime.

But, it does
* Preserve the Long-Term Care Ombudsman.

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 bill would include developing a plan to address barriers to consolidation, such as issues relating to facilities and transportation.
This bill appears DEAD.

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 appears DEAD.

E2HB 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 appears DEAD.

SB 6016 - TRANSFERRING THE FUNCTIONS OF THE COUNCIL FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT TO THE FAMILY POLICY COUNCIL.
This bill is now on the Senate Floor, waiting for a vote. It remains alive because it was deemed "necessary to implement the budget."


Budget items

(1) Governor's Budget
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.

(2) Senate Budget (see also section under HEALTH)
Eliminates the State Child Health Insurance Program (SCHIP), which provides health coverage to children in families with modest incomes, from 200% - 250% of the poverty line.
Lowers Family Medicaid eligibility to 175% of the poverty line, eliminating low-income children from health coverage. The changes in CHIP and Medicaid eligibility (including increased verification requirements) are estimated to cause 63,000 children to lose health coverage.
Imposes premiums for low-income Medicaid recipient families. This is estimated to cause 14,000 children to lose coverage, because their low-wage parents will not be able to pay.

It also:
Transfers WCPCAN - the Washington Council for Prevention of Child Abuse and Neglect - to the Family Policy Council (rather than eliminate it entirely, as in the Governor's budget).
Maintains the ARS - Alternative Response System.
Maintains Readiness to Learn.

CHILD WELFARE/CHILDRENS' SERVICES

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 provision was controversial.
This bill appears DEAD.

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 is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

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's Fiscal Note shows a savings of $1 million for '03-'05.
This bill is now on the Senate Floor, awaiting a vote.

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 appears DEAD.

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 is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

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 in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

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 now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

HB 2000 - THIRD PARTY CUSTODY PROCEEDINGS INVOLVING THE INDIAN CHILD WELFARE ACT.
This bill revises provisions pertaining to the third party custody proceedings involving the Indian Child Welfare Act.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

HJM 4012 - ENCOURAGING COUNTIES AND LOCAL GOVERNMENTS TO ESTABLISH A CHILDREN'S ADVOCACY CENTER.
Encourages counties and local governments to establish and administer a Children's Advocacy Center, which is a member of the national Children's Alliance, to improve outcomes for child victims of sexual abuse. Note: HJM stands for House Joint Memorial. A joint memorial is not the same as a bill, and if it passes, it will not have the force of law. It is merely a request directed at an outside body, which can act on the request, or ignore it. This is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action

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 now in the House Rules Cttee, waiting to be scheduled for Floor Action.

SB 5474 - CREATING A KINSHIP CAREGIVER'S AUTHORIZATION AFFIDAVIT
This bill contains the medical and educational affidavits for kinship caregivers to provide consent on medical and educational matters. (also contained in HB 1233).
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

SB 5708 - PROVIDING A PROCEDURE FOR COURT ORDERED CONTACT WITH A CHILD BY NON-PARENTS
This bill specifies the circumstances under which a non-parent may initiate a court proceeding for contact with a child. Several criteria must be satisfied, along with evidence that the child would suffer if denied the relationship. (It is similar in intent to HB 1563.)
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

SB 5779 - RE 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. Last, if parental rights are terminated, the child placing agency must ensure that siblings are placed together or can contact or visit, unless there is risk to the health, safety, or welfare.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

SB 5811 - REQUIRING GREATER OPPORTUNITIES FOR INVOLVEMENT OF BIRTH FAMILIES IN FOSTER CARE.
This bill has four provisions to encourage foster parents to mentor and involve birth families. They include a range of activities from helping families understand a child's needs, to men-toring families, involving families in education, and transporting children to family visits.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.


Budget Items.
(1) 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 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.

(2) Senate Budget
* Adoption Support is cut by $2.5 million (cut by $12 million in the Governor's budget)
* Maintains State CASA funding.
* Transfers WCPCAN to the Family Policy Council
* Eliminates prenatal care for 6,000 undocumented immigrant women, putting all of their babies - who will be citizens at birth, and eligible for Medicaid - at risk.
* Includes possible reductions to Behavioral Rehabilitative Services (includes group care for troubled foster children).

CIVIL RIGHTS/OPPORTUNITIES

HB 1079 - 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.
Amendments adopted in the Senate Committee require that after graduating from high school, the person must live in the state continuously until being admitted to a higher education institution, and must provide an affidavit indicating that s/he will file an application for permanent residency as soon as eligible to do so. The affidavit must also indicate a willingness to engage in the activities necessary to become a citizen of the United States, including citizenship review courses.
It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

HB 1090 -TRAFFICKING OF PERSONS Task Force
This bill would extend the life of the Washington state task force against the trafficking of persons, created by legislation in 2002.
In Week Twelve this bill was passed out of the Senate Cttee on Children & Family Services & Corrections. It is now in the Senate Rules Cttee, to be scheduled for Floor Action.

SHB 1128/ SSB 5193 - 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 appears DEAD.
The House bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

SHB 1175 - PROHIBITING TRAFFICKING IN PERSONS
This bill establishes penalties for trafficking in persons, and defines the crime of sex trafficking. Penalties relate to the age of the victim, the nature of the acts the individual is forced to perform, and whether there was financial profit involved.
In Week Twelve this bill was passed out of the Senate Cttee on Children & Family Services & Corrections. It is now in the Senate Rules Cttee, to be scheduled for Floor Action.

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 appears DEAD.

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 appears DEAD.

DISABILITIES

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 proposed 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 was no reference to "grandfathering" current clients, and confusion as to 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, the original bill died. Then a revised version - SB 5873 - appeared promising, but that has also died. Now HB 1623 may be back: in a new form. Or, everything may come to a halt for this year. Work continues on this, so stay tuned.

HB 1655 - CONCERNING DETERMINATION OF DISABILITY FOR SPECIAL PARKING PRIVILEGES
This bill would permit advanced registered nurse practitioners to grant special parking privileges to persons with a disability that limits or impairs the ability to walk. Current law only allows this determination by a licensed physician.
In Week Twelve, it was voted out of the Senate Health & Long-Term Care Committee. It is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

SHB 1694/ SSB 5563 - INSPECTION OF BOARDING HOMES EVERY 18 MONTHS
This bill would require the Department of Social and Health Services to inspect and investigate boarding homes at least every 18 months, rather than the current requirement of yearly inspections. The Senate bill appears DEAD.
The House bill is now in the Senate Rules Cttee, 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 dealing with potentially dangerous mentally ill and developmentally disabled persons.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

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.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

SB 5587 - REQUIRING VOTING DEVICES TO BE ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

HB 1787/ SB 5692 - HEALTH AND HUMAN SERVICES INFORMATION REFERRAL
This bill would create a single, user-friendly telephone number, 211, for public access to information & referral for health and human services, and for disaster-related information.
The Senate bill is now in the House Rules Cttee, to be scheduled for Floor Action.
The House bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

SHB 1813 - 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.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

SB 5797, REQUIRING DSHS TO INSPECT BOARDING HOMES (in this case, adult family homes) EVERY 24 MONTHS.
These facilities are a little different than those at issue in SB 5563, and now the inspection schedule would be different.
This bill appears DEAD.

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 is very controversial. In Week Eleven an alternative proposal was raised, to instead close the Ranier RHC in Buckley, rather than Fircrest. This is very much an open question.
This bill is now in the House Appropriations Committee.


Issues:
** The future of Residential Habilitation Centers (RHC's). The Joint Legislative Audit & Review Committee (JLARC) did a 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. It got a Joint (Three House Committees) Committee Work Session in Week Eleven.

** 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
(1) Governor's Budget
* 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. 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 additional funding is provided.

(2) Senate Budget - Generally good news.
No cuts to DD prevocational services, plus $10 million added back to DDD, and a partial restoration of adult dental care funds (two-thirds restored), and adult vision (except for $2-$3 co-pays).
No elimination of the Long-Term Care Ombudsman.
* Assumes savings from the closure of Fircrest, including
- $10.6 million saved from RHC residents who choose a community alternative,
- $ 7.9 million saved from transfer of residents
Provides $10 million in one-time funding for SSI State Supplement payments.

But:
Medicaid Personal Care and COPES would see tightened eligibility and cost-savings, 700 people would be cut from the COPES program (which provides homecare and community residential care services as an alternative to nursing homes).
Home Care Workers would get no wage increases or L & I benefits.
$12 million is cut from the proposed settlement of an ARC lawsuit.
Eliminates $5 million Medicaid buy-in for "Ticket to Work." Affects about 200 persons.
Optional Medicaid Services (dental, vision, hearing) would be cut by one-third, not eliminated.

HEALTH CARE

HB 1002 - 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 provides for education about, and the safe handling/disposal of, items containing mercury.
This bill appears DEAD.

ESHB 1178 - 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.
This bill appears DEAD.

E2SHB 1214 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
The House bill passed the full House by a 64-33 vote. See description under this entry in Aging/Long-Term Care.
In Week Twelve, it was voted out of the Senate Committee on Health & Long-Term Care. It is now in the Senate Ways & Means Committee.

SHB 1275 - TRANSFERRING THE HUMAN IMMUNO-DEFICIENCY VIRUS INSURANCE PROGRAM TO THE DEPARTMENT OF HEALTH.
This bill reflects the Governor's proposed transfer of administrative authority over the Evergreen Health Insurance Program (EHIP) from the Department of Social and Health Services to the Department of Health. EHIP provides insurance continuation coverage to more than 700 clients statewide. The move is supported by HIV/AIDS advocates.
The bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

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 in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

SHB 1532 - PROHIBITING SMOKING IN PUBLICLY OWNED RESIDENCE HALLS AT INSTITUTIONS OF HIGHER EDUCATION.
This bill appears DEAD.

HB 1621 - 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.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

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.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.

2SHB 1913 - GRANTING AUTHORITY TO DEPT of COMMUNITY TRADE & ECONOMIC DEVELOPMENT TO ADDRESS CONCERNS WITH LEAD-BASED PAINT
This bill stems from 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 Train-ing and Certification Program, paid for with Federal funds available for this purpose. There is a null and void clause if Federal funds are unavailable. Amendments clarify funding for the training, and state authority to inspect lead-based paint abatement done with HUD grants.
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 was voted out of Committee in Week Twelve. It is now in the House Rules Committee, 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. These changes would result in 4,000 people losing eligibility now, more later.
This bill appears DEAD.

SB 5904 - CONCERNING PRESCRIPTION DRUG ASSISTANCE PROGRAMS FOR SENIORS
This bill is one of two remaining to deal with this issue (HB 1214 is the other). See description under Aging/Long-Term Care.
It is now in the House Appropriations Committee.

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 may 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 as originally written, 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. Compro-mises under discussion would make it acceptable to education supporters, while still useful to public health supporters. This appears likely to change on short notice; action is expected first in the Senate. These bills are considered necessary to implement the budget.
The House Bill is in the House Finance Committee.
The Senate Bill is in the Senate Committee on Ways & Means.

Budget Items
(1) 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.

(2) The Senate budget would:
Eliminate health coverage for 40,000 children by lowering the family income eligibility level from 250% to 175% of the poverty level ($2,200/month for a family of 3). This would eliminate CHIP (Child Heath Insurance Program), making Washington the only state without such a program, and cost the state two-for-one matching federal funds.
Impose premiums of $25 to $35 a month per child for families with incomes between 100-175% of the federal poverty level ($1,300/month - $2,200/month for a family of 3). The saving come from the 14,000 children expected to drop coverage because they cannot afford the premiums.
Increase verification (paperwork) for eligibility - that is expect to result in another 23,000 dropping the program.
Eliminate pre-natal care for 6,000 undocumented immigrants. This will result in higher medical and emergency room costs for treating premature babies and other pregnancy related problems.
Impose $2 and $3 co-pays for Medicaid vision and Medical Equipment.
Impose Medicaid co-pays of $25-40/month.
Tighten eligibility for Medicaid Personal Care.
Lower BHP eligibility to $21,210 for a family of two.
Freeze BHP enrollment till total drops from current 129,000 to just 93,500.
Require state workers to pay 20% of health care premiums.
Use money from cigarette tax to lower overall deficit.
Total children expected to lose health coverage: 77,000.

HOUSING/HOMELESSNESS

SB 5034 - PROVIDING PROPERTY TAX RELIEF FOR SENIOR CITIZENS AND PERSONS RETIRED BECAUSE OF PHYSICAL DISABILITY. The title of this bill tells the content. Several bills were introduced on the same subject; this one survived.
This bill is now in the House. Finance Committee.

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.
This bill appears DEAD.

Budget Items

(1) 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.
* Does not cut Shelter programs or LIHEAP (Low Income Heat & Energy Assis. Program).

(2) Senate Proposed Budget
* Appears to restore the Governor's cuts to shelter/housing for homeless/runaway youth.
* Includes possible reductions to Behavioral Rehabilitative Services (group care for troubled foster children, and others in the overall homeless population).
* Includes two transfers involving the Housing Trust Fund, that require addition checking.

HUNGER AND NUTRITION

HB 1635 - REVISING REPORTING REQUIREMENTS FOR INCOME AND RESOURCES UNDER THE PUBLIC ASSISTANCE PROGRAM.
Under current rules, recipients of certain means-tested programs must report increases in their income within twenty days or face penalties. This bill would remove the 20-day notification requirement - in part because it artificially affects error rates. It would also permit DSHS to establish other reporting requirements, provided they are consistent with federal law. As a practical matter, the bill would also allow DSHS to align rules in the food stamp program with rules in the Medicaid and other means-tested programs.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.


Budget Items

(1) Governor's Budget
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.

(2) Senate Budget
Hunger programs appear to be similarly unharmed in the Senate budget.

JUVENILES/YOUTH

SHB 1009 - VIOLENT VIDEO GAMES
This bill would make it a misdemeanor to sell, rent, or permit to be sold or rented, any 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.
This bill is now in the Senate Rules Committee, 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 is now in the Senate Rules Committee, to be scheduled for Floor Action..

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 is now in the Senate Rules Committee, to be scheduled for Floor Action..

HB 1612 - NOTIFICATION TO PARENTS OF THE MENTAL HEALTH TREATMENT OPTIONS FOR MINORS.
This bill requires evaluation and treatment facilities to provide written and verbal notice of all statutorily available treatment options to parents/guardians of a minor child when the parent/guardian seeks to have the minor child treated at an evaluation and treatment facility.
This bill is now in the Senate Rules Committee, 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 remains in 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 was long desired by youth shelter providers.
The bill was amended. This bill appears DEAD.

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 appears 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 now in the House Appropriations Committee.


Budget Items

(1) Governor's budget would:
-- Eliminate Secure and Non-secure Community Residential Centers for runaway youth;
-- Lower Truancy petition funding (reduced by $1.7 million).

(2) Senate Budget would:
* Maintain funding for Crisis Residential Centers
* Maintain funding for Family Reconciliation Services
* Maintain funding for HOPE Act Beds
* Maintain funding for Truancy petitions; move to Administrator of Courts (from DSHS).

MENTAL HEALTH

HB 1010 - DISCHARGE OF A MINOR FROM A MENTAL HEALTH FACILITY
This bill directs the 'professional person' to discharge minors who have been voluntarily admitted to an evaluation and treatment facility, on the second judicial day following receipt of the minor's notice of intent to leave the facility. Under current law, such a minor must be discharged immediately; this bill provides a bit of "breathing room."
This bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

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 Engrossed Substitute Senate bill contains new language that clarifies interaction between directives and court orders, and other changes.
The Substitute House bill clarifies the language and makes other changes (e.g., a person who consented to inpatient treatment may not be restrained if that person requests discharge).
The House bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.
The Senate bill is now in the House Appropriations Committee.

HB 1214 - TO CREATE A PRESCRIPTION DRUG EDUCATION AND UTILIZATION PROGRAM.
This bill passed the House by a vote of 64-33. (See description under this entry in Aging/Long-Term Care.)
In Week Twelve, it was voted out of the Senate Committee on Health & Long-Term Care. It is now in the Senate Ways & Means Committee.

HB 1612 - NOTIFICATION TO PARENTS OF THE MENTAL HEALTH TREATMENT OPTIONS FOR MINORS.
This bill requires evaluation and treatment facilities to provide written and verbal notice of all statutorily available treatment options to parents/guardians of a minor child when the parent/guardian seeks to have the minor child treated at an evaluation and treatment facility.
This bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

SHB 1785 - 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.
This bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

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 approx-imately 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.
This bill is now in the House Rules Cttee, to be scheduled for Floor Action.

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 appears 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.
This bill is now in the House Rules Cttee, to be scheduled for Floor Action.

Budget Items
(1) 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.
Note: 4,116 clients (12%) come under the care of DDD -Department of Developmental Disabilities (DDD), and get 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.

(2) Senate Proposed Budget
* Includes possible reductions to Behavioral Rehabilitative Services (group care for troubled foster children, and others in the overall homeless population).
* Cuts in Medical coverage (see details in HEALTH section) will in most cases also restrict access to mental health services).
* Mentally Ill Offenders Program is cut by $902,000.
Overall, the Senate restored about $6.24 million in cuts recommended by the Governor.

REVENUES

The state of Washington currently provides 431 tax breaks worth $46 billion a biennium. $1.8 billion in tax breaks have been voted by the legislature and/or the citizens (through initiatives) just since 1994. But the bottom line is that the state gives up twice as many revenue dollars as it collects, most of it in the form of special tax breaks to particular businesses or populations. This year's massive deficit has renewed interest in the idea of reviewing all tax breaks to see whether they produce the results intended when they were enacted, or have become outmoded. At least one such bill, HB 1737, is still alive. Sun-setting outmoded tax exemptions is one way to increase available revenue.

Interest in finding some acceptable forms of revenue to ease the impact of severe budget cuts continues, but members remain divided as to the best forms. A number of new bills identify a specific source of funding, in some cases with the revenues to be dedicated to a particular purpose.

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-four 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. This might either stand alone, or be bundled together in a "package" with a variety of "sin taxes" and other tax increases on non-essentials. Increased gambling is also being considered, but the proposals being discussed would only bring in a few hundred million dollars. (It says something about the size of the deficit that one can use a word like "only" to describe a few hundred million.)

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.

NOTE: Bills in this category will continue to be carried in POLICY WATCH,
because any of them might be deemed "…necessary to implement the budget,"
and thus potentially "alive" until April 18.

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 in the House Rules Committee, to be scheduled for Floor Action.
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 now in the Senate Rules Cttee, 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 in the House Rules Committee, to be scheduled for Floor Action.
The Senate bill is back in the Senate Rules Committee, for possible scheduling 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 now in the Senate Committee on Ways & Means.

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.

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 are considered "…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.

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

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.

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 Committee.


NOTE: These are only a few of the bills introduced this year that would affect taxes. Despite a $2.6 billion deficit, numerous bills have also been introduced which would reduce taxes, create new exemptions or credits, and add to the deficit. (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 bills for Changes in Rule-Making are: SHB 1310 (now in House Appro-priations), HB 1312, HB 1313, HB 1314/ SB 5052, HB 1315/ SB 5053 (passed the Senate 25-24; it is now in the House Committee on State Government). HB 1531 (to require a governor's signature on significant rules, passed the House; it is now in the Senate Ways & Means Committee). Most of the House bills appear dead.

Some Rulemaking bills have already passed in the Senate. E.g., SB 5052 would delay the implementation of significant agency rules, SB 5053 provides that no agency may adopt a rule that exceeds a federal standard without specific legislative authority, 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. The Senate-passed bills were sent to the House Committee on State Government. SB 5256 (now in the House Rules Committee) and SB 5257 got a Public Hearing before that Committee in Week Ten, making them eligible for Executive Session.

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. 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 clear guidance as to circumstances when 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 remained controversial.
This bill appears DEAD.

HB 1645 - 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.
This bill appears DEAD.

SSB 5870 - RELATING TO REGISTRATION OF SEX OFFENDERS AND KIDNAPPING OFFENDERS
This bill would revise requirements for registration by sex offenders.
This bill is now in the House Rules Cttee, waiting to be scheduled for Floor Action.


Budget Items
(1) 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.

(2) The Senate Budget would:
-- reduce all programs funded from the VRDE account (Violence Reduction and Drug Enforcement) by 5%, including the Office of Crime Victims Advocacy (-$106,000) and the Civil Indigent Legal Services (-$149,000).

SUBSTANCE ABUSE/TREATMENT

HB 1472/ ESB 5389 - RELATING TO CLEAN AND SOBER HOUSING
This bill concerns the right of landlords to evict tenants living in drug and alcohol free housing that use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.
Amendments to the Senate bill changed the language to include for-profit landlords as well as the non-profit landlords of clean and sober housing.
The House bill appears DEAD.
The Senate bill is now in the House Rules Cttee, to be scheduled for Floor Action.

HB 1619 - INCREASING PENALTIES FOR DRIVING WHILE UNDER THE INFLUENCE WITH CHILDREN IN THE VEHICLE
This bill would provide that if a person is convicted of driving under the influence while a passenger under the age of sixteen was in the vehicle, the court would add 60 days to any mandatory minimum period of confinement, and add 60 days to any minimum period of electronic home monitoring.
This bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.

SSB 5120 - CHANGING PROVISIONS RE IGNITION INTERLOCK DEVICES.
The original bill was not considered. The Substitute bill would require the Department of Licensing, instead of the courts, impose the requirement that a person's vehicle be equipped with an Ignition Interlock device in the following situations: (1) a person's first DUI conviction or an alcohol-related deferred prosecution with blood alcohol at .15 or above…, or (2) a person's second or subsequent DUI conviction, and (3) a first DUI conviction with extenuating circumstances.
This bill is now in the House Rules Committee, to be scheduled for Floor Action.

SSB 5355 - VOLUNTARY INTOXICATION SHALL NOT BE DEEMED LESS CRIMINAL.
This 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. Amendments add new language that expands the term "voluntary intoxication" to include not only alcohol, but also any drug.
This bill appears DEAD.

SSB 5396 - COURT IMPOSED CONDITIONS OF DEFERRED PROSECUTIONS.
This bill hopes to insure continued sobriety and reduce the likelihood of re-offense. Under it, the Court may order reasonable conditions during the period of a deferred prosecution, including: attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all non-prescribed mind-altering drugs, and periodic urinalysis or breath analysis. The Substitute bill added language requiring that individuals also maintain law-abiding behavior.
This bill is now in the House Rules Committee, to be scheduled for Floor Action.

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 or mental health services are concerned about this bill and watching it closely.
This bill is now in the House Rules Committee, to be scheduled for Floor Action.

SB 5522 - CREATING A PILOT PROJECT TO STUDY THE FEASIBILITY OF PRIVATIZING LIQUOR RETAILING
This bill would require the closing of 25 of the 157 state stores by 12/31/05. (This is a substitute for SB 5036.) Public health and prevention advocates testified against the bill, raising concerns with increases in retail alcohol availability.
This bill appears DEAD.

Budget item
(1) The Governor's proposed budget did not cut Community Mobilization - for local substance abuse and violence prevention.
(2) The Senate Proposed budget
* cuts the Community Mobilization Grant program by $170,000.
* cuts treatment of people gravely disabled by drug and alcohol abuse, -$500,000.
* Eliminates funding for TASC- Treatment alternatives For Street Crimes.
* Eliminates funding for small Counties' hospital-based detox centers.
But - the Drug Prosecution and Assistance Program, and Drug Courts are not cut.

WELFARE

ESHB 1277 - GAINING INDEPENDENCE FOR FAMILIES.
This bill would create a new financial aid supplement for low-income parents with dependents under age 18, to attend any public or private, two or four-year institution in Washington state. However, this program's funding would be "… subject to the availability of receipts of gifts, grants, or endowments from private sources."
This bill is now on the Senate Floor.

SHB 1624 - MODIFYING THE WASHINGTON TELEPHONE ASSISTANCE PROGRAM.
Community service voice mail provides new and economically efficient ways to assist low-income persons who are not customers of local exchange telephone service. This bill would authorize a discount on a community service voice mailbox that provides recipients with: (1) An individually assigned telephone number; (2) The ability to record a personal greeting; and (3) A secure private security code to retrieve messages. This voice mail service may include toll-free lines in community action agencies through which recipients can access their community service voice mailboxes at no charge. If this bill does not pass, local telephone assistance programs will close as of July 1, 2003.
This bill is now in the Senate Ways & Means Committee.

HB 1635 - REVISING REPORTING REQUIREMENTS FOR INCOME AND RESOURCES UNDER THE PUBLIC ASSISTANCE PROGRAM.
This bill concerns benefits transferred electronically, including those transferred in error. Under current rules, recipients of certain means-tested programs must report increases in their income within twenty days or face penalties. This bill would remove the 20-day notification requirement - in part because it artificially affects error rates. It would also permit DSHS to establish other reporting requirements, provided they are consistent with federal law. As a practical matter, the bill would also allow DSHS to align rules in the food stamp program with rules in the Medicaid, cash, and other means-tested programs.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

HB 1980 - CHANGING WORK ACTIVITY PROVISIONS UNDER TANF
This bill provides for an assessment of needs and employability within the first four weeks. Based on the assessment, recipients would get an individual responsibility plan, including employment goals, and a plan for moving immediately into employment. It would also describe the services available to enable a recipient to get and keep a job. Highest priority for work activity will go to the most employable clients, including adults in two-parent families and parents in single-parent families that include older preschool or school-age children.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.

HB 2041 - CLARIFYING THE WORK STUDY ASPECT OF "WORK ACTIVITY" UNDER TANF
Under this bill, "work activity" means employment through the state or federal work-study program and the accompanying education program - for not more than twenty-four months. Students who work the maximum state or federal work-study offered to them by their educational institution while attending the accompanying education program will be considered full-time WorkFirst participants.
This bill appears DEAD.

SSB 6017 - MODIFYING GENERAL ASSISTANCE PROVISIONS
This bill would eliminate the state's General Assistance for the Unemployable (GA-U) program, as recommended in the Governor's version of the budget. GAU provides minimal financial support to needy adults who are mentally or physically incapacitated for at least 90 days, but less than 12 months. People who appear to meet (and apply for) federal Supplemental Security Income (SSI) disability benefits, including people with AIDS, are considered GA-U/X - this segment would not be eliminated. Amendments would allow the Department of Social and Health Services to provide medical benefits to GA-U recipients, and would not require legal immigrants to apply for naturalization (as originally proposed).
This bill is considered "… necessary to implement the budget."
It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

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

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

These funds support child care, one-time payments for rent and
utilities and cash assistance, and other services. (Last year's shortfall resulted in $50 million in cuts in childcare, job training, and social services.) To meet the shortfall, the Governor is implementing $35 million in immediate cuts: $8 million in child care subsidies, $4 million from the Community Jobs Program, $1.5 million from support services such as clothing, transportation and other essentials for those moving from welfare to work. Deeper cuts are expected in future years.

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

(2) Senate Budget
Reduces General Assistance for the Unemployable (GAU), for people who are unable to work due to a disability or mental illness in two ways:
a) by limiting benefits to just 6 months of cash and medical benefits in a 24 month period
b) by limiting elderly legal immigrants to 18 month of cash assistance and medical benefits over an entire lifetime.

Also cuts (but does not eliminate) the adult dental and hearing services by1/3rd, by limiting kinds of services, and confining them to specific populations. Savings: $25 million.
Imposes $2 and $3 co-pays for Medicaid vision, but does not eliminate it.

MISCELLANEOUS

ESHB 1053 - ENHANCING GOVERNMENT ACCOUNTABILITY
This bill would create a seven-member Citizen Oversight Board (Board), who understand state government operations and performance audits to oversee management reviews of state government. The chair of JLARC and the State Auditor would serve as nonvoting members, and JLARC would staff the Board. The Board would establish a program for annual assess-ment and performance grading of state agencies, with input from elected officials, state employees, and professionals in performance management. A contractor may be selected to conduct the entire assessment, or different contractors may be selected for each assessment.
This bill is now in the Senate Ways & Means Committee.

SHB 1464 - REQUIRING THE DEPT OF SOCIAL AND HEALTH SERVICES TO WORK WITH COMMUNITY-BASED AND FAITH BASED SOCIAL SERVICES
This bill would require the secretary of DSHS to designate a person within each region to serve as a liaison for community-based and faith-based social services organizations, provide information about opportunities for the organizations to cooperate with the department in providing community services; identify unmet needs, and promote involvement of community-based and faith-based social services organizations - within existing resources. As amended it sets out clear limits on religious activity using help from this bill.
This bill is now in the Senate Rules Cttee, waiting to be scheduled for Floor Action.
.
HB 1787/ SB 5692 - HEALTH AND HUMAN SERVICES INFO/ 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 House bill is now in the Senate Rules Cttee, to be scheduled for Floor Action.
The Senate bill is now in the House Rules Cttee, to be scheduled for Floor Action.

SB 5909 - ASSESSING THE EFFICIENCY AND EFFECTIVENESS OF STATE GOVERNMENT.
This bill attempts to deal with declining public confidence in government is essential by establishing a five-citizen "priorities of government oversight board" to oversee performance audits and priority-based activity assessments of state government agencies, programs, and activities. If appropriations are not approved, "…the act shall be null and void."
This bill appears DEAD.

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. This bill may be "necessary to the budget."
The Senate bill is in the Senate Ways & Means Committee.
The House bill is in the House Rules Cttee, waiting to be scheduled for Floor Action.


Budget Item
(1) The Governor's budget proposes to eliminate Employment Services for Refugees - one way recent refugees get the help they need to become self-sufficient as they work to create new lives for themselves and their families. Services include: job development, English as a
Second Language classes, and case management services.

(2) Senate Budget
* Legal immigrants and refugees getting General Assistance-Unemployable (GAU) will be subject to a lifetime limit of 18 months.
* 1,100 elderly immigrants and refugees on General Assistance who are aging, blind or disabled will also be subject to this lifetime limit.
* Eliminates State funded Employment Support Services for Refugees (-$1.9 million.)
* Eliminates Naturalization Services to help immigrants gain US citizenship (-$1.7 mil. previously funded through surplus funds from the immigrant food assistance program.)

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