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Welcome to Policy Watch 2004

WEEK 4

POLICY WATCH is a weekly bulletin about issues and events in Olympia, WA during the legislative session. It is part of the CIVIC ENGAGEMENT PROJECT, an effort to help increase citizen involvement in the legislative process through information and advocacy training.

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

DON'T FORGET: Tuesday, FEBRUARY 10, marks the Second CUT-OFF -- this time for bills to get through a FISCAL Committee. The rest of Week Five the surviving bills will be considered on the House and Senate Floors. If there is a bill you care about, use the HOT-LINE and contact your legislators: 1-800-562-6000.

There used to be curfew announcements on TV that asked: "It's 10:00 pm. Do you know where your children are?" Today anyone following the action in Olympia might ask: "The 2004 Session is nearly half over: do you know where your priority bills/budget items are?"

By the end of Week Four, Olympia regulars were sounding a bit stressed. Offer a cheery: "how are things going?" and you're likely to hear muttered phrases, like "…this is hell week," and "…too much to do… no time to do it…." One Representative said he'd started the week with a 7:00 am meeting on Monday morning, and hadn't had a chance to pause since, hadn't even talked to his family in three days, while another hoped there wouldn't be any Saturday meetings so she could attend a relative's funeral. A Senator finished up a meeting with her aide by trying to decide which of three simultaneous meetings she could most afford to miss, before rushing off through a corridor thick with waiting constituents. One caucus gathering that was scheduled for 15 minutes ran 45 minutes instead… and the backup outside all the legislators' offices was just like the backup after a wreck on I-5. And that was before the Friday night meetings were announced.

With the Policy Committees required to finish their work on bills in their "house of origin" by the end of 2/6, and the Fiscal Committees required to finish their work on those bills by the end of 2/10, the pressure was being felt everywhere. Even the usually ever-patient aides were occasionally surly. That's understandable. As one visitor observed, if you had to answer hundreds of phone calls a day, all of them from people telling you/your boss how to do their jobs, you might be surly too. In these short, 60-day Sessions, there are big expectations, but very little time.

But for most of the citizen advocates who came to Olympia to call attention to their issues it was still, in the words of one 20-year old: "AMAZING!"

Many of those who come are in the Capitol for the first time, speaking to an elected official for the first time, new to using their voices on behalf of people and issues they care about. Some start out shy, and quickly discover that their legislators are just people, and usually happy to see them. A young woman who came to advocate for, and with, homeless youth said her first time - last year - was more intimidating. This year she felt she knew the people (and better yet, the legislators seemed to know and remember her) and she felt a lot more confident. In fact, she was able to help others find their way around. But what made the biggest impression was seeing the honest, straight-from-the-heart comments of one young teen move a powerful legislator to tears. (By the time he left their gathering he'd promised to support their bill.)

That kind of experience helps turn people from shy to confident. A rally at the end of one lobby day was pumping with high energy singing, cheers, and adrenalin-producing drums! It helps when people come together for these lobby days, not least because - as one man said, "…we find there's a lot more of us who care than we knew."

This week saw visits from over 400 early childhood supporters (most of them young parents and staff from programs like Head Start and ECEAP - Early Childhood Education and Assistance Program), homeless youth and youth in state care, domestic violence advocates, supporters of clean indoor air from several northern-most counties (that group boasted people of all ages: from teen members of TATOO to a Senior Citizen trying out his new hip), and participants in a Lutheran Public Policy day -- among others.

Next Steps In The Process
Once again the evidence of change is visible right in the daily schedules. Week Four's Committee schedule ran to 33 pages. In Week Five, when the action moves to the House and Senate Floors, the Committee schedule shrinks; most Committees have a one-line notice: NO MEETING SCHEDULED.

On the first two days of Week Five the action will be heaviest in the Fiscal Committees: Appropriations, and Finance in the House, Ways & Means in the Senate. They operate much like the Policy Committees, but with some important differences. First, they are bigger: Appropriations has 27 members, Ways & Means has 18 (as compared with most policy committees that have just 13 (House), or maybe 7 (Senate) members. Second, a number of their members are the Chairs of other Committees. And third, Fiscal Committees represent some of the most sought-after Committee assignments in the legislature: everyone wants to be on a Committee that decides where the state's money will be spent. Last, these are Committees that only want to hear about the "bottom line." Whereas the policy committees need to determine whether something is a good idea from a policy perspective, Fiscal Committee members know that there are many more good ideas than there are dollars. And it falls to them to decide which good ideas are worthy of the public's money, which of the many good ideas for policy we can afford. It is a heady task.

Because there are always fewer dollars than good ideas, many bills get a majority vote in a policy committee, only to fail the test of the fiscal committees. By Week Five, roughly two-thirds of the bills will effectively be "dead." There are a variety of parliamentary devices that can revive a dead bill, but - especially in a short Session, like this year's - bills that don't survive 2/6 and 2/10 are probably dead for now.

Those that survive are the bills that go to the House and Senate Floors - where all the action shifts for most of Week Five. If a bill you care about won a vote of DO PASS from a Policy Committee, that's good news. If it is listed as being in the Rules Committee, waiting to be scheduled for the Floor, that's even better. And if it is listed for possible Floor Action - a vote in the full House or Senate - that's REALLY good news. Just keep in mind that even if one version of a bill dies, if there are two (one in the House and one in the Senate) you only need one to survive.

Next week we'll say a little more about the Rules Committees, and Floor Action.

Useful Tip.
One excellent use of time between legislative Sessions involves arranging for your Senator and Representatives to visit a program or project in the District, and get to know the people involved. Sometimes referred to as a "site visit," it helps inform legislators about activities they may not know personally (e.g., a retired pig farmer may be unfamiliar with the way Domestic Violence programs operate), and it helps them understand how bills or budget items affect the people in their District. Plus, it's a pleasant way to get to know one another.

One Senator mentioned that he'd been invited to visit an elementary school in his Legislative District, so he asked the 5th and 6th graders whether there were any issues they cared about. Yes, they said: clean indoor air. When the grownups around them smoke, it made them cough; they didn't like the smell; and for some children with asthma, smoke made them sick. And what did they want the Senator to do? They wanted him to make the grownups go outside, and stay at least 30 feet away from any children when they smoked. (Turns out the "thirty foot limit" came about because the children measured how far the smoke - and smell -- travelled.) The Senator was sufficiently impressed that he invited them to come and testify this week at a hearing in Olympia.

BRIEF SNAPSHOTS FROM WEEK FOUR

** A Representative rushing through the halls of the O'Brien building was asked whether she was rushing off to save a good bill. "Save good bills?" she said: "I wish. Today I'm mostly working to stop bad ones."

** Legislators get a lot of mail. One Senator said that when she gets a pile of identical, pre-printed cards with nothing to reveal that different people wrote them, and all from the same zip-code, she's sometimes suspicious that maybe they're not genuine.
But a few things can easily change that. If she gets messages about the same issue from several places in her district, that's powerful. If they're personalized with just a hand-written line or two, that makes a difference.
And she also had a tip. If there's a stack of pre-printed cards because the people who signed them are not very confident about their English, or they're shy about writing a legislator, or they're struggling with a disability -- that's different. In that case, she suggested someone write a cover note explaining… and include that in the envelope with all the cards.

** Among this week's visitors were high school students from North of Bellingham. The hardest part about preparing for the day? Just getting up at 5:00 am to be there.

** Groups often wear a distinctive badge to set themselves apart. This week a few groups did even better. There was a group of young women in crisp navy suits and high heels (all members of a future business leaders group) and young parents with bright blue umbrellas (all members of Head Start or ECEAP families).

** One of this week's most powerful Hearing witnesses was a ten-year old who asked the legislators to please pass the bill to require the state to use language that is respectful toward people with disabilities. Her sister had a disability, and she told them how it made her feel when her sister was called names, like "retarded." She wants our state to stop using those names - and by the time she finished, any doubters on the Committee did too.

The BUDGET.
The new Revenue Forecast is expected around February 17. Whether revenues are higher or lower than estimated, that report will influence budget discussions. Then, by March 11 the legislature must complete work on the Supplemental Budget - changes needed since passage of the state's $22.8 billion biennial operating budget last year.

Our state requires that the budget be balanced. If the Governor and/or Legislature propose tax breaks that reduce revenues, they must fill the ensuing gaps. If they increase spending in any one category, they must make adjustments in other categories. Because tax breaks "cost" the treasury just as spending decisions do, they are often referred to as "tax expenditures."

The Governor released his approach to the Supplemental Budget in mid-December (it is available on the Office of Financial Management website: www.ofm.wa.gov/); now it is the Legislature's turn. In our system, the Executive proposes, but the Legislature disposes.

This year the state does not face a deficit - due largely to some one-time funds received from the federal government. However, many systems remain seriously under-funded - everything from public education to housing, health care, and transportation and more. And there are always pressures to reduce the size of government. That usually translates into cuts in health, human services, and activities serving low-income residents.

The Governor's proposed Supplemental Budget (HB 2459/ SB 6187) proposes a number of changes, including:

$300 million to accommodate prison and K-12 caseload growth
$168 million in new construction (for classrooms, research facilities, prisons, water plant)
$ 45 million to increase "Promise" scholarships, k-12 learning assistance, testing
$ 30 million to increase higher education enrollment
$ 31 million to pay for costs related to fires and floods
$ 2 million to accommodate social services caseload growth.

It also assumes $18 million in savings from the early release of low-risk prisoners, and reduces the Emergency Reserve Fund to just $172 million."

It reduces - but does not eliminate - health care premiums imposed on low-earning families last year when the budget was in deficit.

It assumes a $74 million tax expenditure by renewing some R&D business tax credits.

 

 

PART III - SOME ISSUES

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

• Aging/Long-Term Care
  
• Child Care
  
• Child Welfare
  
• Civil Rights
  
• Disabilities
  
• Health Care
  
• Housing/Homelessness
  
• Hunger and Nutrition
  
• Juveniles/Youth
  
• Mental Health
• Revenues
  
• Sexual Abuse/Domestic Violence
  
• Substance Abuse
  
• Welfare
• Miscellaneous
  

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

WEEK FIVE WARNING: Final Committee actions were not all posted before Policy Watch went out. If you know how to check bills at www.leg.wa.gov, check there on Monday for final POLICY COMMITTEE action, and on Wednesday or Thursday for final FISCAL COMMITTEE action.

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AGING/LONG-TERM CARE

EHB 1777 - IMPLEMENTING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE HOME CARE QUALITY AUTHORITY AND INDIVIDUAL HOME CARE PROVDERS.
Last year the legislature rejected a contract that would have given home care workers a $2.07/hour raise over two years, plus health and L&I coverage. In its place they gave home care workers a $.75/hour raise. While the small raise was welcome, the legislature failed to honor the collectively-bargained agreement reached between the union and the Home Care Quality Authority, which had been approved by the voters in Initiative-775.
This year the home care workers are back with a new contract that includes a $.50/hour increase, health care and L&I coverage. The Governor included funds for this contract in his proposed budget ($24 million in state funds, which will be matched by an additional $24 million federal). HB 1777, funds the new contract. Senate action is needed.
In Week Three, the House passed this bill by a vote of 57-40. (It is now EHB - Engrossed House Bill - which means the bill together with all amendments accepted and passed in the house where it originated.)
It is now in the Senate Ways & Means Committee. No hearing scheduled yet.

HB 2451/SB 6331 - REVISING THE DEFINITION OF MANDATED REPORTERS IN BOARDING HOMES AND NURSING HOMES.
This bill would limit the number and kind of mandated reporters in these facilities.
The House bill was referred to the House Health Care Committee.
The Senate bill was referred to the Senate Committee on Health & Long-Term Care. These bills are likely dead.

HB 2468/ SB 6726- ADULT FAMILY HOME LIABILITY
This bill declares an intent to require all insurers authorized to write commercial or professional liability insurance to be members of a joint underwriting association created to provide liability insurance for adult family home services. This is an issue for providers, some of whom go without coverage because they cannot get, or cannot afford, coverage.
The Senate bill was not introduced until 2/5 - too late for action; referred to Financial Institutions, Insurance, and Housing. It appears dead.
After the House bill got a Public Hearing in Week One before the House Financial Institutions & Insurance Committee, there was no further action. It appears dead..

HB 2517/ SB 6280 - RELATED TO NURSING HOMES
This bill is concerned with selecting appropriate remedies to apply to a nursing home that has not complied with the licensing requirements, consistent with federal standards. Except, the department may use stop placement of new admissions as a remedy. The bill also deals with feeding assistants - who may work under the supervision of licensed nurses, with their competency to be determined by those nurses without testing.
House bill referred to the House Committee on Health Care.
Senate bill referred to the Senate Committee on Health & Long-Term Care.
These bills appear to be dead.

HB 2714 - INCREASING SAFETY FOR SENIOR DRIVERS
This bill sets out circumstances under which a health care provider, licensed physician, or proper authority must report an elderly patient to the department of transportation (e.g., having a health condition that poses imminent danger to health and safety of self or others). A medical advisory board will be charged with responsibility for determining the list of specific medical conditions which would trigger such a report.
This bill was not voted out of the Committee on Transportation, House Hearing before Cut-Off. It appears dead.

PROPERTY TAX RELIEF - Multiple Bills
On Friday, 1/30 at 1:30 pm, roughly a dozen bills dealing with property tax relief for senior citizens (e.g., persons retired because of disability, widows/ widowers, veterans, persons in adult family homes and boarding homes) will be taken up in a Public Hearing, before the House Finance Committee, in House Hearing Room C of the JL O'Brien Building. Also on TVW. These bills are now eligible for Executive Session.

HB 2938 - REGARDING LONG-TERM CARE FINANCING
This bill calls for a study of long-term care financing by an independent consulting firm. It also asks for recommendations to improve access and quality in all long-term care settings, and requires a report of the study's findings and recommendations to the relevant committees of the legislature by 10/1/05. It also directs DSHS to establish an information and referral process, for people seeking medical assistance for long- term care services who appear to have certain assets in the form of a home (e.g., for home equity conversion mortgages). This bill is just one reflection of a growing concern over how we might finance long term care needs as the population ages.
In Week Four this bill was voted DO PASS by the House Health Care Committee.
It is now in the House Committee on Appropriations.

Related Issues
Advocates for Case Management services provided through Area Agencies on Aging are seeking an additional $3 million in state funds (which will be matched by $3 million federal) to cover a short-fall in funding. At stake are services that help 24,000 elderly and disabled individuals remain in their homes, rather than move to nursing homes for other residential facilities. Without adequate staff assistance - for services that range from blood pressure monitoring to dressing, bathing, and household chores - individuals now able to stay in their own homes, would have to move into state-supported facilities. Staffing is currently about one-fifth below what is needed.
At least one study puts savings to the state from in-home care at $227 million/year.

Nursing Home funding. This involves a complex, controversial, $11 million item, with strong views on both sides. All agree that a highly complex system for paying for nursing home care has been set in statute, and thus can only be changed by amending the law (current rates are based on 1999). Beyond that, there are different opinions as to the cause of the current issue. Advocates for seniors and for nursing homes are happy to talk about this.

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CHILD CARE

HB 1545 - TO CONSOLIDATE EARLY LEARNING AND CHILD CARE PROGRAMS AND SERVICES.
This is a much-amended bill from 2003, that has been reintroduced in 2004. It reflects a growing body of evidence demonstrating the critical importance of a child's early years on healthy brain and other development. The goal of this bill is the development of a "seamless" statewide system of programs and services for early learning and child care, including a more comprehensive approach to "readiness to learn." Such activities are currently housed in five state agencies, and numerous programs within those agencies. The bill includes a list of early learning and child care services to be consolidated, and the duties of a Task Force created by the bill.
Referred to the House Committee on Children & Family Services. Reintroduced but no action is scheduled in 2004. Instead, some of the issues raised by this bill have been taken up in HB 2780 (below). That bill is moving.

SHB 2360/ SB 6595 - ESTABLISHING A WAGE LADDER FOR CHILD CARE WORKERS
This bill would provide $2 million in funding for pilot programs to establish a wage ladder for child care workers. It would provide for higher wages based on work experience, level of responsibility, and education.
The Senate bill was referred to the Senate Children & Family Services & Corrections Committee. It appears dead.
In Week Four, the House bill was referred to the House Appropriations Committee. It needs to be acted on by 2/10.

HB 2498 - REVISING FUNDING CONSTRAINTS AFFECTING THE WASHINGTON WORKFIRST PROGRAM.
This bill would provide stronger legislative control and oversight for the block grant funds flowing into the state for TANF (Temporary Assistance for Needy Families), the so-called "welfare box" monies. Included in this item are funds for subsidized child care.
In Week Four, this bill was voted DO PASS by the House Cttee on Children & Family Services.
It is now in the House Appropriations Committee.

HB 2780 - ESTABLISHING AN EARLY LEARNING AND CHILD CARE LEGISLATIVE WORK GROUP.
The purpose of this bill is to begin to develop a strategic vision and specific goals for early learning & child care programs and services throughout the state. The intent is to support families in preparing for, and maintaining, their children's success in school. It would establish an early learning and child care legislative Work Goup to make recommendations for early learning and child care programs and services in the state, and report to the legislature by 12/5/04.
This bill was voted DO PASS by the Children & Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SSB 6138 - DEVELOPING A MASTER PLAN FOR EDUCATION FROM PREKINDERGARTEN THROUGH UNIVERSITY.
This bill directs the Senate and House Education Committees, and both Higher Education Committees to develop a plan and make recommendations to the Legislature. The recommendations must address such issues as access, achievement, accountability, affordability, and the quality of schools and higher education. Interested parties - including faculty, administration, staff, advocacy groups, business and labor, parents and students - would be involved. An interim report is due 12/1/04; a final report is due 12/1, 2005. Individuals concerned about education have noted the unusual coming-together of people concerned about learning at all levels, and the inter-relationship of all levels.
In Week Four this bill was passed by the Senate (48-0).
It is now in the House Education Committee.

Related Items
This year, as every year, the big child care issues concern funding, including the need for additional funds available to subsidize the child care of women moving from welfare to work. Childcare supports for low-income families have been cut by more than $32 million in recent years, and maintaining adequate funds for child care in the "welfare box," as well as for Head Start and ECEAP (EARLY CHILDHOOD EDUCATION ASSISTANCE PROGRAM) are on-going concerns. (An apparent short-fall in the "welfare box" appears to have been resolved within DSHS - at least for now.)

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CHILD WELFARE/CHILDRENS' ISSUES

Tuesday, 2/10 at 12:00 (Noon), the Joint Legislative Committee - Children's Oversight - will meet for a report from the Children's Administration Ombudsman. In Senate Hearing Room 3, in the Cherberg Building.

HB 1563 - AFFIRMS THAT PARENTS HAVE A PARAMOUNT RIGHT TO RAISE THEIR MINOR CHILDREN.
This bill authorizes a nonparent to initiate a court proceeding for court-ordered contact when the following criteria are satisfied: (1) The applicant is an individual with a parent-like
relationship with the child, and (2) A parent or custodian has substantially interfered with the applicant's relationship with the child and the applicant has unsuccessfully attempted to resolve any disagreement with the parent or custodian before going to court. The bill also provides that, if the parent/custodian fails to comply with a court order for contact between the nonparent and the child, the nonparent may file a motion to initiate a contempt action.
No action was taken in the House Juvenile Justice and Family Law Committee; the bill appears dead.

HB 2314 - CONCERNING NONPARENT VISITATION RIGHTS.
This bill seeks to establish consistent and rigorous standards that must be met for a nonparent to obtain visitation with a minor child. The bill affirms a parent's paramount right to raise their minor children as in the best interests of the families and minor children of Washington, while recognizing that maintaining strong emotional bonds that a child has developed and relies upon should be considered.
In Week One this bill got a Public Hearing before the House Juvenile Justice and Family law Committee. No further action was taken; it now appears dead.

HB 2334 - AUTHORIZING A SPECIAL "KEEP KIDS SAFE" LICENSE PLATE
This bill would authorize a special license plate designed by the Washington State Patrol and
the Washington Council for the Prevention of Child Abuse and Neglect (WCPCAN). The sale of each plate would generate $33.00, to be deposited in the Children's Trust Fund.
No action was taken by the House Transportation Cttee; the bill appears dead.

SHB 2361 - REQUIRING DEVELOPMENT AND IMPLEMENTATION OF POLICIES CONCERNING VISITATION FOR CHILDREN IN FOSTER CARE
This bill directs the Department of Social Health Services (DSHS) to develop consistent policies and protocols - based on current relevant research concerning visitation for children in foster care - to be implemented consistently throughout the state. Requires that protocols include, but not be limited to: the structure, quality, and frequency of visitations; and training for caseworkers, visitation supervisors, and foster parents related to visitation. Provides that these protocols be implemented by January 1, 2005.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2362-ESTABLISHING THE USE OF FAMILY TEAM DECISION MEETINGS
This bill requires the Department of Social and Health Services (DSHS) to establish as a goal the use of a "family team decision meeting" in each case in which a child is involved in the child welfare system. This bill requires that if a family team decision meeting is not used, a clear explanation will be documented in the written service plan. If a family plan decision meeting is used, that will result in the development of a written family plan that may include service recommendations, placement recommendations, and a permanency plan.
In Week Two this bill got a Public Hearing before the House Children and Family Services Committee. No further action was taken; it now appears to be dead.

HB 2399/SB 6272 - ESTABLISHING FAMILY LEAVE INSURANCE
This bill would establish a program that: (1) Provides additional options for individuals to use in balancing work and family responsibilities; (2) is in addition to programs offered by employers; (3) provides limited income support for a reasonable period while an individual is away from work on family leave; and (4) reduces the impact on state income support programs by increasing an individual's ability to provide care-giving services for family members while maintaining an employment relationship
In Week Two the House bill got a Public Hearing. No further action was taken and it now appears dead.
The Senate bill was amended and voted DO PASS by the Senate Commerce and Trade Committee. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

HB 2395 - STATUTE OF LIMITATIONS FOR CHILDHOOD SEXUAL ABUSE CIVIL CASES
The statute of limitations for childhood sexual abuse is extended to ten years from the commission of the act. No change is made to the 3-year "discovery" rule relating to the childhood sexual abuse statute of limitations. Since the statue of limitations is tolled during minority, this means that a person will have until the age of at least 28 to bring an action for childhood sexual abuse, and potentially longer if the injured person did not discover the connection between the abuse and the injury until after the age of 25.
This bill is listed for possible Floor Action in Week Five.

HB 2429 - CHANGING PROVISIONS RELATING TO THE ADJUSTMENT OF CHILD SUPPORT ORDERS
This bill would provide for the adjustment of child support orders due to such circumstances as the death or remarriage of a parent, or the emancipation of a child, as well as substantially changed economic circumstances.
In Week Three this bill got a hearing in the House Juvenile Justice & Family Law Committee. No further action was taken and the bill appears dead.

SHB 2597-DUTY OF A MEMBER OF THE CLERGY TO REPORTSEXUAL ABUSE OF A CHILD
This bill states that when any member of the clergy has reasonable cause to believe that a child has suffered sexual abuse and the perpetrator is a member of the clergy or an employee of the church or religious organization, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the Department of Social and Health Services. This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2628- PUBLIC ACCESS TO THE CHILD IN NEED OF SERVICES AND AT RISK YOUTH HEARINGS.
This bill states that the public will be able to attend "child in need of services", and "at risk youth" hearings, unless the judge finds that this would not be in the best interest of the child. This bill was amended and voted DO PASS by the House Juvenile Justice and Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2699 - CHANGING PROVISIONS RELATING TO CHILDREN IN FOSTER CARE WITH HIV
This bill directs the Department of Social and Health Services to ensure that the HIV status of each child under one year of age placed in out-of-home care is determined at the earliest practicable opportunity by the physician. Additionally, DSHS shall inform each out-of-home care provider of the HIV status, if known, of the child to be placed in their care. All providers licensed by DSHS will receive training related to HIV.
Referred to the House Committee on Children & Family Services. Note: this bill will not get a Public Hearing; HB 3081 will be heard instead. See below.

HB 2754 - PREVENTING THE SEXUAL ABUSE OF CHILDREN BY CUSTODIAL CARE GIVERS.
This bill adds to existing law regarding sexual misconduct with a minor, a person who is a custodian of a victim at least 16 years old - but under 18; a person who has, or knowingly causes another person under the age of 18 to have, sexual intercourse with the victim; a person not married to the victim; and a person at least 60 months older than the victim.
No action beyond a single hearing was taken by the House Criminal Justice & Corrections Committee; it now appears to be dead.

HB 2777-PROVIDING FOR AFTER-SCHOOL PROGRAMS
This bill directs the Office of the Superintendent of Public Instruction (OSPI) and the Department of Social and Health Services (DSHS) to work with the Washington after-school network to develop a state wide vision and strategic plan designed to ensure that quality after-school programs are available to every school age child in the state.
No further action was taken by the House Education Cttee; it now appears to be dead.

SHB 2792- INITIATING A PROCESS TO DEVELOP COLLABORATION AMONG PUBLIC AND PRIVATE PROVIDERS OF CHILD WELFARE SERVICES.
This bill directs the Department of Social and health Services (DSHS) to convene regional and local department staff and community based agency staff to develop recommended policies and protocols concerning the following: (1) Collaborative decision making relating to both administrative processes and services provided to families, including but not limited to, contracting practices, referral practices and resource allocation; and (2) Integration of research based practices into child welfare throughout the state.
The bill was amended and voted DO PASS by the House Children & Family Services Cttee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2812 - ENSURING REPORTING BY CLERGY OF SEX OFFENSES COMMITTED AGAINST CHILDREN BY OTHER CLERGY.
This bill requires that, when a member of the clergy has reasonable cause to believe that a child has suffered abuse or neglect from another member of the clergy within the same church, religious denomination, religious body, spiritual community, or sect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in the law. This does not apply to information obtained solely as a result of a confession as defined in the law.
This bill got a Public Hearing before the House Children & Family Services Committee but no further action was taken. It now appears to be dead.

HB 2877/SB 6524-REVISING PROVISIONS RELATING TO GUARDIANSHIP OF DEPENDENT CHILDREN.
This bill finds that guardianship for some children who have been found to be dependent children and who cannot live with their parents is a valuable resource for such children needing stability in their lives when such placement is in the best interests of the child. Declares intent to enhance family preservation and stability for children by recognizing the value of permanent placement with relatives or other long-term caregiver, dismissal of dependencies, and elimination of the need for continued governmental intervention in family life. Declares intent to expand opportunities for children to remain with relatives or long-term caregivers when they can no longer live with their parents through provision of support to relatives and unrelated persons who are willing and able to serve as guardians for the children. The House bill was amended and voted DO PASS by the House Children and Family Services Committee.
The House bill is now in the House Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill was amended and voted DO PASS by the Senate Children and Family Services and Corrections Committee. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

HB 2936-ADDITIONAL REQUIREMENTS FOR CRIMINAL HISTORY CHECKS FOR PERSONS HAVING SUPERVISED AND UNSUPERVISED CONTACT WITH MINORS, DEVELOPMENTALY DISABLED PERSONS, OR VUNERABLE ADULTS.
This bill requires that a business or organization shall look up conviction records of any person who may have contact with the categories of people listed above. It directs the Washington state commission on national and community service to create a web site offering best practices that focus on safety and best methods of screening.
No further action was taken by the House Children & Family Services Committee; it now appears to be dead.

HB 2963- REQUIRING BACKGROUND CHECKS FOR ALL DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEES AND CONTRACTORS.
This bill does as the title says.
No further action was taken by the House Children & Family Services Committee; it now appears to be dead.

SHB 2984- REQUIRING CHILD FATALITY REVIEWS FOR CHILDREN INVOLVED IN THE CHILD WELFARE SYSTEM.
This bill requires the Department of Social and Health Services (DSHS) to conduct a child fatality review in the event of a death from any cause of a child: who is in out-of-home care at the time of the child's death; or who had been reunified with the child's family at the time of the child's death following a placement out-of-home care.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 2988-PROTECTING THE RIGHTS OF FOSTER PARENTS.
This bill sets out protections for Foster Parents against retaliation by state employees when foster parents advocate or services or file a compliant against the department. It provides for investigation of complaints against state employees and stipulates penalties in cases were retaliation is found.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 3001- AUTHORING KINSHIP CAREGIVERS TO CONSENT TO MEDICAL CARE.
This bill's intent is to assist children being cared for by relatives to have access to appropriate medical services. It creates a mechanism to authorize kinship caregivers to consent to medical care for those children in their care.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 3039-EXTENDING THE EVALUATION FOR IDENTIFICATION OF LONG-TERM NEEDS OF CHILDREN ENTERING THE FOSTER CARE SYSTEM.
This bill requires that all children entering the foster care system must e evaluated for identification of long-term needs, within forty-five days of placement.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 3051-REVISING NOTICE PROVISIONS FOR PROCEEDINGS INVOLVING INDIAN CHILDREN
This bill provides that whenever the court or the petitioning party in a third party custody proceeding knows or has reason to know that an Indian child is involved, the petitioning party must promptly notify the child's parent or Indian custodian an to the agent designated by the child's tribe. The bill provides for method and type of notification and defines rights to intervene.
This bill was amended and voted DO PASS by the House Juvenile Justice and Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor

SHB 3081-RELATING TO MEDICAL AND DENTAL CARE AND TESTING FOR CHILDREN IN THE CARE OF THE STATE.
This bill directs the provider of the initial medical assessment of a child under one year of age following placement in out-of-home care to conduct a screening, and if appropriate, test for blood-borne pathogens. It also directs dissemination of the findings for each out-of home placement and provides all out-of home providers training related to prevention, infection, transmission, control, treatment, testing, and confidentiality about blood borne pathogens.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 3085 - ENCOURAGING THE USE OF FAMILY DECISION MAKING MEETING REGARDING CHILDREN IN THE CHILD WELFARE SYSTEM.
This bill establishes as the policy of Washington State that it encourages and supports family involvement in the decision making related to planning for children in the child welfare system. It requires the use of these meetings when appropriate and as soon as possible. If meetings are not used there must be written explanation and when they are used they are to result in a written family plan.
This bill was amended and voted DO PASS by the House Children and Family Services Committee.
It is now in the House Appropriations Committee, where it must be acted on by 2/10.

SHB 3090 - REVISING THE DEFINITION OF OUT-OF-HOME PLACEMENT.
This bill defines all situations in state placements that qualify as out-of-home placements.
The bill was amended and voted DO PASS by the House Children & Family Services Cttee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SSB 6220 - REGARDING SCHOOL EMPLOYEE DUTY TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT
This bill would require that any school employee who has witnessed - or has reasonable cause to believe - that a student has suffered abuse or neglect by any person, including other school personnel, shall report to the proper law enforcement agency or to the department of social and health services. The bill also requires that school employees receive training regarding their reporting obligations every three years.
This bill was amended and voted DO PASS by the Senate Education Committee.
It is now in the Senate Ways and Means Cttee where it must be acted on by 2/10.

SB 6446 - CLARIFING THE DUTY OF CLERGY TO REPORT ABUSE AND NEGLECT.
This bill declares that the reporting requirement of this act shall apply to a member of the clergy only when s/he becomes aware of an allegation of abuse or neglect that is made regarding another member of the clergy over whom the member of the clergy regularly exercises supervisory authority. It provides that no member of the clergy shall be required to report allegations of abuse or neglect when s/he obtains the information as a result of a confession, so long as the member of the clergy has the authority to hear such confession under the regular tenets of his or her religious institution.
This bill got a Public Hearing in the Senate Children and Family Services & Corrections Committee but no further action was taken. It now appears to be dead.

SSB 6457 - CHANGING PROVISIONS RELATING TO ADOPTION
This bill holds that under no circumstances shall adoptions be delayed, denied, or given preferential treatment based upon the race of the child or prospective adoptive parents;
nor shall any fee be based upon the race or physical characteristics of the child, nor of the ability of the prospective adoptive parents to pay the adoption-related fees. The bill further states that all adoption fees will be disclosed by prospective adoptive parents to the court and approved by the court prior to the granting of the adoption petition. The intent of the bill is to eliminate any artificial barriers to adoption, such as fees exceeding the actual cost of the adoption-related services provided. Finally, the bill establishes a fund to assist prospective adoptive parents in meeting the actual costs of adopting a child.
This bill was amended and voted DO PASS by the Senate Children and Family Services and Corrections Committee.
It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

SSB 6643 - PROVIDING GUIDELINES FOR FAMILY VISITATION FOR DEPENDENT CHILDREN.
This bill provides for visitation, ands says that it shall not be limited by a parent's failure to comply. Asks the court and agency to rely on community resources, relatives, foster parents, and other appropriate persons to provide transportation and supervision for visitation to the extent that such resources are available, and the child's safety would not be compromised.
This bill was amended and voted DO PASS by the Senate Children and Family Services and Corrections Committee.
It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

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CIVIL RIGHTS

HB 1809 - EXPANDING THE JURISDICTION OF THE HUMAN RIGHTS COMMISSION.
This bill was carried over from the first Session (2003) and re-introduced on 1/12/04. In 2003 it passed the House but not the Senate. It would amend the law against discrimination to prohibit discrimination based on a person's sexual orientation, and authorize the Human Rights Commission to charge fees to participants to cover the costs of educational programs, seminars, and training. The bill also defines "sexual orientation" and "creed." 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.
Returned to the House Rules Committee. Advocates believe they still have a chance to pass this bill.

HB 2054- RESTORING VOTING RIGHTS TO FELONS UPON COMPLETION OF SUPERVISION
Persons convicted of a felony will have their civil right to the vote restored if they have completed all the requirements of all of their sentences, except for legal financial obligations. It would not affect an offender's ability to obtain a certificate of discharge prior to completion of community supervision, if eligible. Nor would it affect any order that prohibits the offender from having contact with a specified person, or coming within a set distance of any specified location. This issue is driven in part by the fact that low-income people and people of color are less likely to have access to good representation in court, and are thus disproportionately more likely to be convicted, and lose their right to vote. This bill was carried over from 2003 and re-introduced.
No action in the House Committee on State Government; bill appears dead.

HB 2592 - PROHIBITING STATE DRIVER'S LICENSE OR IDENTICARD ISSUANCE IF IDENTITY CANNOT BE ESTABLISHED.
This bill would require that neither a drivers' license nor a state identicard will be issued unless the true identity of the person applying is actually the person indicated on the license, and that the person is in compliance with the law. Immigrant rights groups are watching this closely.
No action in the House Committee on Transportation; bill appears dead.

HB 2700/SB 6268 - PERMITTING A COLLEGE OR UNIVERSITY TO MAINTAIN A DIVERSE STUDENT POPULATION BY CONSIDERING RACE, COLOR, ETHNICITY, OR NATIONAL ORIGIN, WITHOUT USING QUOTAS, POINTS, OR SET-ASIDES.
The bill would clarify conditions under which a public college, university, or community college may consider race, color, ethnicity, or national origin in its admission or transfer policies for the purpose of promoting diversity at the campus. It includes certain minimum requirements, such as e.g., slots may not be set aside on the basis of race, color, ethnicity, or national origin; all qualified applicants shall be given individual consideration; race, color, ethnicity, or national origin shall not be given a predetermined numerical value or weight; and there will be clear criteria for evaluating whether such factors remain necessary to promote diversity, along with periodic review of race-neutral alternatives.
In Week Two the Senate bill was amended during Executive Session in the Senate Committee on Higher Education and voted out with a DO PASS. It was then referred to the Senate Judiciary Committee, where action was not taken before the Cut-Off. It appears dead.
No further action was taken on the House bill after a Public Hearing before the House Committee on Higher Education. It appears dead.

HB 2739/ SB 6244 - PROVIDING FUNDING FOR CERTAIN JUSTICE SYSTEM ACTIVITIES
This bill is prompted by a crisis in the capacity of the justice system to meet the civil legal needs of low-income people. To address this crisis, the bill would increase Superior Court filing feels from $110 to $200. The funds generated woud be used to increase civil legal aid to low-income residents. It also would create an office of civil legal services which would not provide direct representation of clients, but would monitor and oversee the use of state funds related to this bill. It would also report to the courts and make recommendations for efforts needed to enhance access to the justice system for low-income people.
No action on the Senate bill; appears dead.
After the House bill got a Public Hearing before the House Judiciary Committee there was no further action. Both bills appear dead.

HB 2772 - CONTROLLING GENETIC INFORMATION
This bill strengthens laws regarding informed consent and deals with the fundamental right of privacy with respect to genetic information. It holds that genetic information should not be collected, retained, or disclosed without the individual's authorization. The bill would thus prohibit the disclosure of genetic information without the consent of the individual to whom the information pertains; prohibit discrimination based on genetic information in employment decisions; and prohibit the use of genetic information to discriminate in a life insurance contract.
In Week Four this bill was voted DO PASS by the House Committee on Financial Institutions & Insurance.
It is now in the House Rules Committee waiting to be scheduled for Floor Action.

SB 5430 - VERIFYING LAWFUL RESIDENCY OF DRIVER'S LICENSE APPLICANTS
This bill would authorize the licensing department to establish procedures for verifying that a driver's license, permit, or identicard applicant's presence in the United States is authorized under federal law; it also deals with appeals hearings from the denial or cancellation of a license. Immigrant rights groups are watching this closely.
SB 5081 -VERIFYING LEGAL UNITED STATES PRESENCE is listed as a "companion bill."
Neither bill was acted on by the Senate Committee on Highways and Transportation; the bills appear dead.

SB 6180 - PROHIBITING THE USE OF GENETIC INFORMATION IN EMPLOYMENT DECISIONS.
This bill would make it unlawful for any person, firm, corporation, or government entities in the state of Washington, to require - directly or indirectly - that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
In Week Four this bill was voted DO PASS by the Senate Committee on Commerce & Trade.
It is now before the Senate Rules Cttee, waiting to be scheduled for Floor Action.

SB 6181 - INCLUDING GENETIC INFORMATION AS A PROTECTED CATEGORY IN THE LAW AGAINST DISCRIMINATION
The title of this bill describes its content. Washington is one of only four states that does not specifically protect against the use of genetic information in employment and insurance. Those susceptible to genetically-linked disease conditions (e.g., Sickle Cell Anemia, Tay Sachs, cystic fibrosis, and some types of breast cancer, etc) are watching these bills closely.
In Week Three the Senate Judiciary Committee passed the bill out of Committee but without recommendation, and referred it to the Senate Cttee on Health & Long-Term Care.
This bill appears dead.

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DISABILITIES

SHB 2554/SB 6379 - DEVELOPMENTAL DISABILITY CHILD SUPPORT
This bill authorizes the collection of child support payments for children with developmental disabilities in out-of-home care, including foster care or in the Voluntary Placement Program.
This ostensibly helpful bill is controversial because some believe it would improve equity in the foster care system by creating inequities in the DD system. The House bill was amended to include parents of children who use institutional services (ICF/MR and nursing homes).
No action was taken on the Senate bill by the Senate Committee on Health & Long-Term Care; that bill appears dead.
In Week Four, the House bill was amended and voted DO PASS by the House Committee on Juvenile Justice and Family Law. It is now before the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 2596/ SB 6388 - PROVIDING FOR EARLY INTERVENTION FOR CHILDREN WITH DISABILITIES - Birth to Three.
This bill would provide that, by September 1, 2008, each school district shall provide, or contract for, early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to federal law. It also establishes a birth-to-three task force to make recommendations concerning policies, procedures, and regulations in order to ensure implementation of an equitable statewide comprehensive system for all eligible children with disabilities, and report to the governor and the superintendent of public instruction by December 1, 2006, outlining their recommendations.
There was no action on the Senate bill by the Senate Committee on Education; it appears dead.
In Week Three, the House bill was amended and voted DO PASS in the House Committee on Children & Family Services. It is now in the House Appropriations Committee where it must be acted on by 2/10.

HB 2705/SB 6442 - CREATING THE DEVELOPMENTAL DISABILITIES COMMUNITY TRUST ACCOUNT
This bill proposes to sell or lease excess property identified in a study by the joint legislative audit and review committee (JLARC) at Rainier, Lakeland Village and Yakima Valley Residential Habilitation Centers. The proceeds would then be deposited into a perpetual trust account from which the legislature can appropriate funds for unserved persons with developmental disabilities who are waiting for community-based services. An ostensibly straight-forward issue that involves no cost, and holds out the promise of providing a source of funding for community-based services for 9,000 individuals with disabilities, this bill has run into surprising opposition. There is speculation it may relate back to sore feelings over decisions affecting FirCrest - even though that is not related to this bill. Although not strictly "companion bills," these two bills are very similar.
The House bill was amended to remove "sale" as an option for gaining revenue from the property, exclude property currently under the control of WSU (some 750 acres) from being used to benefit the trust account; and allow additional time for DSHS to plan. The
Senate Bill was amended to include the WSU acreage as excess property that can be sold or leased for the benefit of the DD Community Trust Account. If both bills pass, these differences will have to be reconciled.
In Week Four, the House bill was amended and voted DO PASS by the House Capital Budget Committee. It is now before the House Rules Committee, waiting to be scheduled for Floor Action.
In Week Four, the Senate bill was amended and voted DO PASS by the Senate Ways & Means Committee. It is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.

HB 2766/ SB 6714 - EXPANDING RESPONSIBILITIES OF THE CASELOAD FORECAST COUNCIL
This bill just adds developmental disability programs to the responsibilities of the caseload forecast council, along with other state programs already under their purview (e.g., for medical assistance, foster care and adoption support, nursing homes and the COPES waiver for seniors and persons with physical disabilities, etc). The bill does not affect the availability of services, but provides a tool to assist budget writers and other planners. "Caseload," in this case, means the number of persons expected to meet eligibility requirements and require the services of various assistance programs.
The House bill is before the House Committee on Appropriations; it must be acted on by 2/10.
The Senate bill is before the Senate Ways & Means Committee; it must be acted on by 2/10.

HB 2943 - REGARDING THE ADMISSIBILITY OF STATEMENTS MADE BY DEPENDENT PERSONS.
This bill would give people with disabilities greater access to the criminal justice system when they are the victims of crimes, by allowing "hearsay" testimony to be part of the court record in some cases - e.g., where the person with a disability is not considered to be a credible witness.
Although it comes too late for action in this Session, the bill will get a Public Hearing before the House Judiciary Committee on Thursday, February 12 at 8:00 am in House Hearing Room B of the JL O'Brien Building.

SB 5445 - RELATING TO INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
This bill provides that policies involving public employees and employees served by employer-provided plans "shall include" coverage - within certain limits - for neurodevelopmental therapies. Similar bills have come before the legislature before. It is worth noting that the prime sponsor of this bill is no longer in the Senate.
No action was taken by the Senate Committee on Health & Long Term Care; this bill appears dead.

HB 2663/ SB 6241 - RESPECTFUL LANGUAGE
This bill directs the code reviser to avoid references to individuals with disabilities as "disabled," "handicapped," "cripple," "mentally ill," "mentally disabled," "mentally retarded," or "developmentally disabled," and to replace, as appropriate, with the following: individuals with disabilities, individuals with mental retardation, individuals with developmental disabilities, individuals with mental illness. The purpose is to put the person, not the condition, first, as a way to restore dignity and respect. This is a no-cost item with a strong appeal. For an excellent account of the hearing on this bill, see the "ARC Insider."
In Week Four the Senate bill was voted DO PASS by the Senate Committee on Health & Long Term Care. It is now before the Senate Rules Committee, waiting to be scheduled for Floor Action.
In Week Four the House bill was voted DO PASS by the House Committee on State Government. It is now before the House Rules Committee, waiting to be scheduled for Floor Action. This bill is moving.

2SHB 2744/ SB 6419 - IMPLEMENTING THE HELP AMERICA VOTE ACT.
This bill has a simple, timely purpose: to carry out provisions of the Help America Vote Act, which includes in-person, disability access voting, using access voting devices.
The House bill was much amended and voted DO PASS first by both the House Committee on State Government, and soon after by the House Appropriations Committee. It is now before the House Rules Committee, waiting to be scheduled for Floor Action.
The Senate bill was voted DO PASS by the Senate Committee on Government Operations & Elections. It is now before the Senate Rules Committee waiting to be scheduled for Floor Action.

On-Going Issue
There is continuing concern over the lack of funding for high school graduates in need of employment/day funding. Advocates are asking for $2 million in the Supplemental Budget to serve about 325 graduates (one-fourth of all 2003-2004 graduates).

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HEALTH CARE

HB 1498 - MODIFYING THE SCOPE OF CARE BY PHYSICAL THERAPISTS.
This bill intends that only those who meet and maintain certain standards of competance should be allowed to practice physical therapy. Under this bill, individuals may not hold themselves out to be physical therapists if they are not trained or licensed according to this Act. This bill passed the House in 2003, but not the Senate. It was re-introduced and there is an effort underway to secure passage in 2004.
This bill may be voted on in Week Five - it is now available for Floor Action.

HB 2336 - PROVIDING FOR STEM CELL RESEARCH
This bill would make it the policy of Washington state to permit research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells from any source, including somatic cell nuclear transplantation, after full consideration of the ethical and medical implications of this research.
and
HJM 4030 - ENCOURAGING STEM CELL RESEARCH
Note: HJM stands for House Joint Memorial. This is not a bill, but rather a message to the President or Congress (or other federal entity) urging consideration of a matter of importance to the state.
In Week Four, the Joint Memorial was voted DO PASS by the House Health Care Committee. It is now before the House Rules Committee, waiting to be scheduled for Floor Action.
In Week Four, the House bill was voted DO PASS by the House Health Care Cttee. It is now in the House Appropriations Committee, where it must be acted on by 2/10.
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SHB 2354 - ALLOWING DISCOUNTS ON MEDICARE SUPPLEMENT INSURANCE POLICIES.
Such discounts would be allowed when premiums are deposited automatically.
This bill may be voted on in Week Five - it is now available for Floor Action

SHB 2460 - PROVIDING ACCESS TO HEALTH INSURANCE FOR SMALL EMPLOYERS/EMPLOYEES
This bill would permit the Insurance Commissioner to approve health insurance plans that do not include all services currently mandated. Last year a similar bill raised concerns that it 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 treatment fear it would cause small employers to drop such coverage.
In Week Four, this bill was amended and voted DO PASS by the House Health Care Cttee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2469 - AUTHORIZING CERTAIN STATE AGENCIES TO PURCHASE PRESCRIPTION DRUGS FROM CANADIAN WHOLESALERS AND PHARMACISTS.
This bill is largely explained by its title. In addition it would permit the Health Care Auth-ority to purchase, or facilitate the purchase of, FDA-approved drugs, and develop an internet website to facilitate the purchase of prescription drugs from Canada by WA residents.
This bill was taken up in Executive Session before the House Health Care Committee, where it got a vote of DO PASS. It involves a cost, and thus was referred to Appropriations.
It is now in the House Appropriations Committee; it must be acted on by 2/10.

HB 2748 - DEFINING ABSTINENCE EDUCATION AND COMPREHENSIVE SEX EDUCATION FOR K-12 STUDENTS.
This bill relates to the promoting and teaching of abstinence education in compliance with federal law. School districts and community committee members would be free to determine the type and content of sex education programs used in their district. The intent is to help parents clearly identify the type of education being taught, assist community committee members in selecting the best materials to comply with school district policy, and support teachers in complying with their school district policy.
No action was taken in the House Committee on Health Care; it appears dead.

HB 2749 - AFFIRMING THE RIGHT OF A WOMAN TO REFUSE TO HAVE AN ABORTION
This bill provides that every woman has the fundamental right to choose or refuse to have an abortion, and that right should receive more emphasis in state law.
No action was taken in the House Committee on Health Care; it appears dead.

HB 2599 - REQUIRING INFORMED CONSENT FOR AN ABORTION
This bill requires the voluntary and informed consent of the woman prior to when an abortion is to be performed or induced. Except in the case of a medical emergency, consent would be deemed voluntary and informed only if at least twenty-four hours before the abortion, the physician (or referring physician) who is to perform the abortion has orally informed the woman of: the nature of the proposed procedure and alternatives to abortion; the gestational age of the unborn child, and the medical risks associated with carrying her child to term.
No action was taken in the House Committee on Health Care; it appears dead.

HB 2617/SB 6223 - ESTABLISHING PARENTAL NOTIFICATION FOR ABORTION
This bill would require parental notification at least 48 hours before an abortion is performed on a pregnant woman under age 18. An exception is made for medical emergencies.
In the case of a woman who is an incapacitated person, one of her guardians must be notified. In the case of a pregnancy that is the result of incest where the father is a party to the act, the physician need only notify the pregnant woman's mother or guardian.
No action was taken on the House bill in the House Health Care Committee; it appears dead.
The Senate bill was not voted out by the Senate Committee on Children & Family Services; it appears dead.

NOTE: four bills dealing with abortion were the subject of a hearing before the Senate Committee on Children & Family Services in Week Two (SB 5878, SB 5879, SB 6222, and SB 6223). Further action was not taken; all now appear dead.

HB 2763/ SB 6423 - IMPROVING THE DELIVERY OF HEALTH CARE SERVICES TO SCHOOL CHILDREN
This bill would increase the number school nurses with the appropriate expertise to help improve the health and educational success of the school-age child. It also provides for a report by 12/31/07, including recommendations about whether funding for school nurses should be an ongoing responsibility of the state and part of basic education. Appropriates an unspecified amount for the fiscal year ending June 30, 2005, from the general fund to the office of the superintendent of public instruction for the purposes of this act
No action was taken on the House bill by the House Health Care Committee.
No action was taken on the Senate bill. Both bills appear dead.

HB 2787 - PROVIDING IMMUNITY FROM LIABILITY FOR LICENSED HEALTH CARE PROVIDERS AT COMMUNITY HEALTH CARE SETTINGS
This bill is an attempt to provide liability protection to physicians and other health care providers who take action during medical emergencies, and/or volunteer at community-based facilities providing free care to people who are uninsured and otherwise lack health care coverage. (House Bill 2461 is a bill with a similar purpose.)
In Week Four, this bill was voted DO PASS by the House Health Care Committee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2788 - ESTABLISHING PRIORITY FOR FUNDS IN THE LIABILITY INSURANCE PROGRAM FOR RETIRED PRIMARY CARE PROVIDERS VOLUNTEERING TO SERVE LOW-INCOME PATIENTS.
This bill is explained by its title; it is particularly important to clinics in under-served areas.
In Week Four, this bill was voted DO PASS by the House Health Care Committee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2789 - PERMITTING HEALTH INFORMATION AND DISEASE PREVENTION INSTRUCTION
This bill intends to enhance the healthy development of young people by providing them with information needed to help reduce rates of teen pregnancy, sexually transmitted diseases, and HIV infection. It would require the Department of Health to work with the Office of the Superintendent of Public Instruction to develop guidelines for health information and disease prevention instruction.
No action was taken in the House Committee on Health Care; it appears dead.

SB 5597 - PROHIBITING TOBACCO PRODUCT SAMPLING.
This bill would prohibit the distribution of tobacco product samples to members of the public, and violations would be counted as a misdemeanor.
In Week Four this bill was voted DO PASS by the Health & Long-Term Care Committee. This bill may be voted on in Week Five - it is now available for Floor Action

SB 5923 - PROTECTING ACCESS TO APPROPRIATE CARE FOR PATIENTS UNDER STATE PROGRAMS
This bill concerns patient access to a variety of health providers. E.g., it would prevent a pharmacist from substituting a preferred, or formulary, drug within a given therapeutic class when the prescribing professional has indicated that a non-preferred or non-formulary drug be dispensed as written. Also, before deciding to restrict treatment for a medical problem, the agency must consider comments from practicing health professionals and patient groups familiar with the medical problem. The bill would also require regular reports to the legislature on health care outcomes and overall financial impacts on health care services.
No further action was taken by the Senate Health & Long-Term Care Committee; this bill appears dead.

SB 5944- CONCERNING THE BASIC HEALTH PLAN
This bill concerns the terms and operation of the state's Basic Health Plan, including: services covered; fees, co-pays, and other cost-sharing; limits on enrollment; interaction with Managed Health Care Plans; the relationship between employers and the BHP; monitoring and verification; and the development of preventive health measures under the BHP - among other things. Health care advocates are concerned.
No further action was taken by the Senate Health & Long-Term Care Committee; this bill appears dead.

HB 1868/ SB 5791 - PROHIBITING SMOKING IN PUBLIC PLACES
This bill is carried over from 2003 and re-introduced. It provides that facilities with areas that qualify as a public place may no longer designate a part of the facility as a smoking area, and all references to designated smoking areas are removed. No person may smoke in a public place. Maximum civil penalties for violations are raised to $500. Cities, towns, and counties would be permitted to adopt more stringent ordinances to restrict smoking in public places.
The Senate bill appears dead.
The House bill is being held in the House Rules Committee, and advocates remain hopeful that it may yet be revived.

HB 1979/ SB 5876 - AUTHORIZING LOCAL GOVERNMENTS TO RESTRICT OR PROHIBIT SMOKING IN PUBLIC PLACES
This bill is carried over from 2003 and re-introduced. It provides that a city, town, or county may restrict or prohibit smoking in public places situated within its jurisdiction, including but not limited to restaurants, skating rinks, and bowling alleys, regardless of whether such restrictions or prohibitions are more restrictive than those imposed by state law.
These bills appear dead, but advocates hold out hope that one may yet be revived.

SB 6231 - PROHIBITING SMOKING IN PUBLIC PLACES.
Like the other two, this bill recognizes the increasing evidence that secondhand tobacco smoke creates a health danger. To protect the health and welfare of citizens, it would prohibit smoking in public places, make violations punishable by: (1) A warning to the owner or person in charge for the first violation within a calendar year; (2) A fine not exceeding $100.00 for a second violation within a calendar year; and (3) A fine not exceeding $500.00 for each additional violation within a calendar year. (The bill was originally referred to the Senate Committee on Commerce & Trade.)
No further action was taken on this bill by the Senate Committee on Health & Long-Term Care; it appears dead.

SB 6431 - PROVIDING HEALTH INFORMATION FOR YOUTH
Much like HB 2789, this bill provides that adolescent health issues - like teen pregnancy and sexually transmitted diseases - must be addressed with comprehensive prevention efforts. It intends to enhance the healthy development of young people by providing them with information needed to help reduce rates of teen pregnancy, sexually transmitted diseases, and HIV infection. It would require the Department of Health to work with the Office of the Superintendent of Public Instruction to develop guidelines for health information and disease prevention instruction.
This bill has had a curious re-routing. In Week Four it won a unanimous vote of DO PASS from the Committee on Health & Long-Term Care - and was then sent along to the Senate Rules Committee, to be scheduled for Floor Action. Instead, members of the Education Committee also asked to consider the bill; they held a hearing on the bill on the last day for policy committee action, but did not vote on the bill.
It is now before the Senate Education Committee. With no time for further action; it appears dead. Someone might ask the Education Cttee Chair to explain what just happened.

On-going
There are on-going issues related to the fact that recent years' budget cuts have left thousands of low-earning working families and children without affordable health coverage. Among them are 28,000 children, thousands of immigrants, and many working people who depend on the Basic Health Plan because they get no health coverage from their jobs.

Childrens' advocates are particularly concerned about the threat to childrens' health care coverage due to a proposal to impose monthly per-child health care premiums on families with incomes between 150% and 200% of the poverty line. These are not wealthy families. For a mother with two children, premiums would be required at incomes between about $23,000/year - $30,500/year; for a family of four, premiums would be expected at incomes between $27,600 - $36,800. These are working families with housing, food, child care, transportation, and a host of other expenses. If the premiums are imposed, it is feared that thousands of low-income children will lose health coverage. In August, 2003 the state got $26 million in federal child health dollars (SCHIP) that advocates want to see used to offset the need for these health care premiums; with an additional $10 million that would be possible. (The Governor's proposed Supplemental Budget uses the $26 million SCHIP money to eliminate premiums for families with incomes below 150% of the poverty line, and reduce the premiums for families with incomes 150 - 200% of the FPL. An additional $10 million in state dollars is needed to offset premiums completely.)
Two new pieces of information are now available: in November over 10,000 children lost Medicaid coverage as a result of changes intended to save money by making it harder for working families to get coverage for their children; and, the state has additional funds available due to the loss of health insurance for low-income children during the past year.

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HOUSING/HOMELESSNESS

HB 2216 - PROVIDING SHORT-TERM CASH ASSISTANCE TO HOMELESS PERSONS
This bill directs the secretary of the Department of Social and Health Services (DSHS) to create a program for homeless persons, involving short-term cash assistance intended to enable homeless persons to obtain housing and employment. DSHS shall consult with: homeless persons, and the legislature in developing the program. The monthly benefit under this program would be three hundred dollars per person for each eligible homeless person.
No action by the House Committee on Children & Family Services; this bill appears dead.

HB 2578 - ADDING SITUATIONS IN WHICH CRIME VICTIMS ARE VULNERABLE DUE TO THE LACK OF A FIXED RESIDENCE… MERITING AN EXCEPTIONAL SENTENCE
This bill would specifically recognize homeless people as being especially vulnerable to those who prey upon them. Under the bill judges would be authorized to consider this "aggravating circumstance" and possibly impose an exceptional sentence for a relevant offense. This bill helps shape, but does not dictate, judicial sentencing. It is a top priority of homeless advocates this year.
In Week Four this bill was voted DO PASS by the House Committee on Criminal Justice and Corrections.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2818 - CREATING THE HOMELESS FAMILIES SERVICES FUND
This bill intends to create - with an initial investment of state funds - a fund to leverage private resources and ensure the long-term availability of stable housing to support homeless families state-wide. It recognizes that homeless families often need more than just a roof over their heads - particularly when they are fleeing from abuse or trauma, and have long periods of instability. The bill requires a report to the legislature by 12/1, 2004, with a preliminary plan for implementation of this act.
During Executive Session the appropriation was reduced from $15,000,000 to $5,000,000 to carry out the act (and keep the bill alive).
In Week Four, this bill was amended and got a unanimous DO PASS vote from the House Committee on Children & Family Services.
It is now in the House Appropriations Committee, where it needs action by 2/10.

HB 2870 - RELOCATION ASSISTANCE FOR RESIDENTIAL TENANTS IN SUBSTANDARD HOUSING
This bill would establish a process, consistent throughout the state, by which low-income tenants would receive funds for relocation from property owners who fail to provide safe and sanitary housing after being notified of violations. The billl would establish a review process - available to property owners and tenants - and provide enforcement mechanisms to cities, towns, counties, or municipal corporations to advance funds to eligible tenants, and then later collect the full amounts of these relocation funds, along with interest and penalties, from the property owners.
In Week Four the bill was voted DO PASS by the House Cttee on Local Government.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 3082/ SB 5068 - RESOLVING MANUFACTURED/MOBILE HOME LANDLORD-TENANT (MHLTA) DISPUTES
The Senate bill was carried over from 2003; the House bill was new. Its purpose is to provide a less costly and lengthy way for manufactured/mobile home landlords and tenants to resolve disputes, and to provide a mechanism for state authorities to quickly locate managers and owners of manufactured housing communities. The department of licensing would be authorized to register manufactured housing community managers, conduct investigations, issue citations, and impose fines for violations of the manufactured/mobile home landlord-tenant act. (In some states, enforcement of the MHLTA is enhanced by a $5 annual fee imposed on each mobile home space and paid by tenants to fund program costs.)
The Senate bill got no action in the Senate Committee on Financial Services, Insurance & Housing.
In Week Four the House bill was voted DO PASS by the House Committee on Trade & Economic Development. It may be sent next to the House Appropriations Committee.

Related items:
HOUSING TRUST FUND
Advocates are seeking an increase of $20 million (above the current $80 million capital investment) in the Housing Trust Fund, for a total of $100 million per biennium. The HTF leverages funds for low-cost housing and helps address a variety of unmet housing needs. Currently there are valid applications for twice as many dollars as are available, e.g., for self-help housing, housing for people with disabilities or fleeing from domestic violence.

DISTRIBUTION OF "2060" OPERATING FUNDS
In 2002, the legislature passed House Bill 2060, imposing a fee on documents recorded with counties. Those monies are used to fund capital costs and operations of low-income housing at the state and local levels. In order to ensure the original legislative intent for the fair distribution of funds, advocates are urging the Legislature to fine-tune this law to ensure three purposes: that all very low-income housing projects eligible to receive monies from the Housing Trust Fund are also eligible to receive these operating funds; that use of funds for new construction not be linked to local vacancy rates; and that the current 5% Relocation Assistance for Residential Tenants in Substandard Housing can cover the costs of both collecting and distributing the funds. These changes require no additional funds.

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HUNGER AND NUTRITION

HB 1554 - CONCERNING FOOD STAMP ELIGIBILITY
This bill refers to the need "in these dire economic times" to maximize federal food assistance to low-income individuals, by removing the lifetime food stamp ban on formerly convicted drug felons. Eleven other states have taken this step; if this bill is passed, Washington would become the twelfth, and would bring about $3 million in federal food stamp benefits into the state. (This issue is included in SB 6411.)
No action in the House Committee on Children & Family Services.

HB 2548 - CREATING A PILOT FOOD BANK OUTREACH PROGRAM
The pilot program is designed to locate a department of social and health services intake worker at each of 6 pilot sites a minimum of one time per week to improve access to programs and services. Three sites will be in eastern Washington and three sites in western Washington. Eligible pilot site are those with organizations providing food to hungry and low-income individuals. The Committee amended the bill to accommodate a proposal by DSHS to apply for a federal waiver of the face-to-face interview for Food
Stamp eligibility if Food Stamp Education Program staff helped the family complete their application. This waiver would greatly reduce barriers to food stamp applicants assisted by community-based FSE agencies.
In Week Four, this bill was amended and was voted DO PASS by the House Cttee on Children & Family Services.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2760 - PROVIDING FOR HEALTHY FOODS FOR SCHOOL CHILDREN
This bill provides that foods sold in competition with the federally-funded school meal programs must meet the following standards: (a) no more than thirty percent of its total calories are from fat, except nuts or seeds; (b) no more than ten percent of total calories are from saturated fat; (c) no more than thirty-five percent of total weight is from sugar. Also, during regular school hours, and during school meal programs, water, nonfat or low-fat plain or flavored milk, nonfat or low-fat plain or flavored soy milk or rice milk, and fruit juices with no added sweeteners will be the only beverages sold to pupils. Beginning 9/1/04, the Office of Superintendent of Public Instruction will review and test compliance with this Act.
In Week Four, this bill was defeated by a 7-6 vote in the House Health Care Committee. It is likely dead for this year.

HB 2680 - REQUIRING DEVELOPMENT OF A MODEL POLICY FOR NUTRITION AND PHYSICAL ACTIVITY FOR SCHOOLS
This bill would provide for an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for developmentally appropriate exercise, nutrition, and accurate information related to these topics. The Committtee would include the Department of Health, OSPI, the Washington state school directors association, and the board of health. The model policy and recommendations on the related issues, will be submitted to the governor and the legislature by January 1, 2005.
In Week Four this bill was voted DO PASS by the House Health Care Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2769 - REDUCING HUNGER
Similar (but not identical) to SB 6411, this bill attempts to deal with Washington's ranking among the "top five" hunger states. It would increase access to food stamps for eligible individuals - including through simplified reporting, and transitional benefits for families leaving TANF. It would also increase access to free and reduced price child nutrition by eligible children - including those in schools which do not currently provide meals. The bill hopes to use greater access to food stamps and other programs to enable recipients to gain the ability to support themselves and their families.
After hearing that the bill might have a high fiscal note, supporters of the bill worked to bring the cost of its implementation down by requiring only that lunch be available at all elementary schools (instead of lunch and breakfast; only 18 schools are now affected), and added $300,000 in "incentive funds" to encourage schools to adopt a breakfast programs be expanded. Testimony from a school principal was particularly helpful. Provisions concerning the Food Stamp Program and the summer meal programs were not changed.
In Week Four this bill was amended and voted DO PASS by the House Children & Family Services Committee.
On Monday, 2/9 at 10:00 am, this bill will get a Public Hearing before the House Appropriations Committee, in House Hearing Room A of the JL O'Brien Building. It must be acted on by 2/10.

SB 6525 - REQUIRING DEVELOPMENT OF A MODEL POLICY FOR NUTRITION AND PHYSICAL ACTIVITY FOR SCHOOLS.
This bill is very similar to HB 2680, above, but not a companion bill.
No action taken by the Senate Committee on Education; this bill appears dead.

SB 5436 - REGARDING FOODS AND BEVERAGES SOLD AT PUBLIC SCHOOLS.
This bill is also similar to HB 2680 (above), but it also addresses issues the fact that while there are nutritional standards for the meals in the school breakfast and lunch programs, there are limited standards to regulate "competitive foods" sold in schools. However, since the United States Department of Agriculture calls for states and local entities to add restrictions on competitive foods, as necessary, this bill provides that, at elementary and middle schools, the sale of all foods on school grounds during regular school hours shall be approved for compliance with the applicable nutrition standards.
In Week Four, this bill was voted DO PASS by the Senate Committee on Education. It is now before the Senate Rules Cttee, waiting to be scheduled for Floor Action.

SB 6214 - EXPANDING THE FARMERS MARKET NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
This bill would provide funding to expand the farmers market nutrition program into areas of the state in which agencies administering the federal women, infants, and children nutrition program do not presently receive state matching funds to participate in the program. First priority for this program expansion will be to areas of demonstrated need for, and commitment to, the program by raising local contributions to match federal funds.
In Week Four, this bill was voted DO PASS by the Senate Committee on Agriculture.
It is now in the Senate Ways and Means Cttee, where it must be acted on by 2/10.

SSB 6411 - REDUCING HUNGER
This bill attempts to deal with Washington's ranking among the "top five" hunger states. It would increase access to food stamps for eligible individuals - including through simplified reporting, transitional benefits for families leaving TANF, and "food stamp fairness" -- restoring benefits for groups previously excluded. It would also increase access to free and reduced price child nutrition programs by eligible children - including those in schools which do not currently provide both meals. The bill hopes to use greater access to food stamps and other programs to enable recipients to gain the ability to support themselves and their families. The Substitute Bill contains only the food stamp provisions of the bill.
In Week Four, this bill was voted DO PASS by the Senate Committee on Children & Family Services.
It is now in the Senate Ways & Means Committee, where it must be acted on by 2/10.

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JUVENILES/YOUTH

HB 1145 - CHANGING PROVISIONS RELATING TO THE PLACEMENT OF JUVENILES UNDER EIGHTEEN WHO HAVE BEEN CONVICTED AS ADULTS.
This bill was carried over from 2003, and re-introduced. It concerns offenders who are under the age of eighteen, but convicted as adults. The bill would require that they be evaluated by the Department of Corrections (DOC) upon intake, to determine if the offender is eligible to be transferred to a juvenile facility. It also requires the Department of Social and Health Services (DSHS) to jointly develop with the DOC, screening criteria for these transfers.
This bill is now in before the House Appropriations Committee, where it must be acted on by 2/10.

SHB 1824-DEVELOPING CRITERIA TO ENSURE QUALITY CONTROL ON RESEARCH BASED TREATMENT PROGRAMS FOR JUVENILES
This bill passed the House in 2003; it has been reintroduced this session. The bill states that research based treatment programs, used with the juvenile justice system reduces recidivism rate 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 programs. The criteria shall include measures for ongoing and accurate monitoring and tracking of competent treatment delivery and from continual improvement of treatment delivery.
The subject of this bill was taken up in a Work Session before the Senate Committee on Children & Family Services & Corrections in Week One; it was then returned to the House Rules Committee.

HB 1912 - ALLOWING SCHOOL BOARDS TO DECLINE TO ADMIT STUDENTS WHO ARE CONVICTED JUVENILE SEX OFFENDERS.
This bill provides that a school district board of directors may reject a student who is a convicted juvenile sex offender, unless the school is satisfied that the level of supervision mandated in the offender's "intensive supervision program" is sufficient to maintain a safe and secure school environment for everyone. If, after approving the offender's intensive supervision program, a school admits a convicted juvenile sex offender to its schools, the school district may request reimbursement from the juvenile rehabilitation authority for the actual costs incurred for supervision. Any school district, and the persons associated with it, acting in good faith, within their responsibilities, will be immune from liability for any criminal sexual act engaged in or caused by any juvenile sex offender on school property, or engaged in school activities under this act.
This bill is still before the House Education Committee, reintroduced from 2003; it appears to be dead.

SHB 2328- CHANGING PROVISIONS RELATING TO REGISTRATION OF SEX AND KIDNAPPING OFFENDERS WHO ARE STUDENTS.
Revises provisions relating to registration of sex and kidnapping offenders who are students. Requires juvenile sex offenders to notify the sheriff of their intention to attend school 10 days prior to enrolling and for the sheriff promptly to notify the school.
This bill was amended and voted DO PASS by the House Juvenile Justice & Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 2329 - REVISING PROVISIONS RELATING TO MENTAL HEALTH TREATMENT FOR MINORS.
This bill tightens up the review process under the parent-initiated commitment procedure. Changes the currently unused parent-initiated process by shortening the amount of time DSHS has to conduct an external review from 7-14 days to 3-7 days. Changes the amount of time after that review for which a minor patient has to wait to contest his/her commitment in court from 5 days to 0 days. Clarifies that there is no due process for minors UNDER the age of 13 when facing commitment (this is current practice but was unclear, at best, in law). The idea behind this bill is to open up the parent-initiated procedure for use by parents and practitioners. The largest difference between the parent and the state (ITA) initiated procedure is the lower standard for commitment (parent initiated is "medically necessary", ITA is gravely disabled/harm to self or others). Therefore, this bill strengthens the due process in the parent-initiated procedure to convince practitioners to use that process without fear of a lawsuit. If practitioners then begin to use this procedure, this would allow minors to be committed under a lower standard.
This bill was amended and voted DO PASS by the House Juvenile Justice & Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2377- REORGANIZING PROVISIONS CONCERNING MENTAL HEALTH SERVICES FOR MINORS
This bill reorganizes the minor involuntary mental health commitment statute. The statute, as it stands, is difficult to follow because of multiple amendments and additions. The bill reorganizes the section into five topics: general, minor-initiated treatment, parent-initiated treatment, involuntary commitment and technical. It makes no substantive changes.
This bill was voted DO PASS by the House Juvenile Justice & Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2391 - ESTABLISHING AN INCENTIVE POLICY FOR SCHOOLS TO INCREASE ATTENDANCE
Finds that there is a correlation between the dropout rates of youth and the rate of truancy within the educational system. The state must have as a priority the reduction in the rates of truancy and dropouts in the state educational system. The state must encourage the districts to adopt policies, which reduce the rates of truancy and dropouts within the schools in their districts. Allows districts to increase their funding by reducing truancy. Removes the exception from mandatory attendance any child who is physically or mentally unable to attend school.
No further action was taken by the House Committee on Children and Family Services; it now appears to be dead.

HB 2543 - ELIMINATING GANG ACTIVITY NEAR SCHOOLS
This bill intends to make schools and the areas around them safe from intimidation and harassment by gangs. It has raised some concern because of the broad definition of a "Gang" as "…a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes."
No action was taken by the House Committee on Criminal Justice & Corrections; it now appears to be dead.

SHB 2595 - MONITORING COMPLIANCE WITH STANDARDS REGARDING THE SALE OF VIOLENT VIDEO AND COMPUTER GAMES.
Following passage of a law restricting access to violent video and computer games by young children, this bill deals with compliance. It finds that voluntary efforts to ensure that sales and rentals comply with these industry standards have been unsuccessful in the past and protection of children requires improved self-enforcement of game sales and rentals in accordance with industry game-rating standards. This bill would establish a monitoring program, review voluntary compliance, communicate the findings to the public and the Governor, and give authority to both DCTED and an advisory group to assist in developing the monitoring program. Advisory group membership should include representatives of PTAs, law enforcement, sheriffs and police chiefs, retailers, and pediatricians.
This bill was amended and voted DO PASS by the House Juvenile Justice & Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 2597- DUTY OF A MEMBER OF THE CLERGY TO REPORT SEXUAL ABUSE OF A CHILD.
This bill states that when any member of the clergy has reasonable cause to believe that a child has suffered sexual abuse and the perpetrator is a member of the clergy or an employee of the church or religious organization, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the Department of Social and Health Services.
It was amended and voted DO PASS by the House Children & Family Services Cttee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2628- PUBLIC ACCESS TO THE CHILD IN NEED OF SERVICES AND AT RISK YOUTH HEARINGS.
This bill states that the public will be able to attend "child in need of services", and "at risk youth" hearings, unless the judge finds that this would not be in the best interest of the child.
This bill was amended and voted DO PASS by the House Juvenile Justice and Family Law Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SSB 6431 - PERMITING HEALTH INFORMATION AND DISEASE PREVENTION INSTRUCTION
Much like HB 2789, this bill provides that adolescent health issues - like teen pregnancy and sexually transmitted diseases - must be addressed with comprehensive prevention efforts. It intends to enhance the healthy development of young people by providing them with information needed to help reduce rates of teen pregnancy, sexually transmitted diseases, and HIV infection. It would require the Department of Health to work with the Office of the Superintendent of Public Instruction to develop guidelines for health information and disease prevention instruction.
The Senate bill has had a curious re-routing. In Week Four it won a unanimous vote of DO PASS from the Committee it had been referred to - Health & Long-Term Care - and was then sent along to the Senate Rules Committee, to be scheduled for Floor Action. Instead, members of the Education Committee also asked to consider the bill; they held a hearing on the bill on the last day for policy committee action, but did not vote on the bill.
It is now before the Senate Education Committee. With insufficient time for further action; it appears dead. Inquiring minds might ask the Education Committee Chair to explain what just happened.

HB 3078/SB 6609-REVISING TIMELINES FOR SEALING JUVENILE RECORDS
This bill reduces the time that juveniles must wait to have their records sealed when they have fully complied with all the requirements necessary. Currently, all juvenile offenses are public records: anyone can see them, and, if asked, individuals must acknowledge their existence. States reserve the option of "sealing" - making records non-public - for those thought to be rehabilitated. Washington state requires the longest wait before sealing (10 years after release to seal a class B felony, 5 to seal a Class C felony, and 3 to seal a gross misdemeanor. This bill would shorten the waiting time to 5 years for a Class B, and 2 years for everything else. Class A and sex offenses will remain not sealable - as under current law.
This bill is intended to assist young adults who committed a juvenile offense and have not been involved with the criminal justice system for a long time. Sealing will only be available for those who have completed all court-imposed conditions (probation, fees, treatment, etc.).
The bill is also intended as an incentive for young adults to choose crime-free lifestyles, by assuring they will not be plagued by juvenile records at critical life junctures, such as college admissions, first job, first-time independence.
The House bill was amended and voted DO PASS by the House Juveniles Justice and Family Law Committee. It is now in the House Rules Committee awaiting floor action.
The Senate bill was amended and voted DO PASS in the Senate Children & Family Services & Corrections Cttee It is now in the Senate Rules Committee awaiting floor action.

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MENTAL HEALTH

HB 1828, SB 6484 - REQUIRING THAT INSURANCE COVERAGE FOR MENTAL HEALTH SERVICES BE AT PARITY WITH MEDICAL AND SURGICAL
This remains a high priority for mental health advocates, in part because mental illness is now the single most common reason children over 4 are hospitalized, and suicide is the leading cause of death for teens. The bill stems from recognition that the costs of leaving mental disorders untreated or under-treated are significant. They often include: decreased productivity, loss of employment, increased disability costs, deteriorating school performance, increased use of other health services, treatment delays leading to more costly treatments, suicide, family breakdown and impoverishment, and institutionalization, whether in hospitals, juvenile detention, jails, or prisons. Thus, the bill maintains that it is not cost-effective to treat persons with mental disorders differently than persons with medical and surgical disorders, so insurance coverage should be required to be at parity for mental health services -- i.e., mental health coverage on the same terms as medical and surgical services. These are not "companion" bills but are very similar. Supporters point out that Parity is
supported by over 100 organizations in Washington, and voluntary offered by over 50 corporations nation-wide. Although HB 1828 has no fiscal impact on the state budget for at least five years, some members remain sceptical.
The Senate bill was scheduled for action on Wednesday, 2/4 in the Senate Committee on Health & Long-Term Care, but by the weekend it had been removed from the schedule. Readers interested in this bill should check with the Committee 360-786-7436.
In Week Four the House bill got a Public Hearing before the House Appropriations Committee. It is eligible for Executive Session, but must be acted on by 2/10.

HB 2377 - REORGANIZING PROVISIONS CONCERNING MENTAL HEALTH TREATMENT FOR MINORS
This is a non-controversial reordering of provisions within existing statute.
In Week Three the House Juvenile Justice & Family Law Committee voted this bill DO PASS in Executive Session.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SHB 2460 - PROVIDING ACCESS TO HEALTH INSURANCE FOR SMALL EMPLOYERS AND THEIR EMPLOYEES
Mental Health advocates fear the title of this bill may be misleading. It permits insurance carriers to offer products with less-comprehensive coverage to small employers, makes it more difficult for individuals to get coverage at all, and may cause fewer people to have access to mental health and substance abuse-related services. The bill was amended in ways that left mental health and substance treatment advocates concerned.
In Week Four, this bill was amended and voted DO PASS by the House Health Care Cttee. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

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REVENUES

An issue over tax expenditures was joined this year with the Governor's proposed Supplemental Budget, which assumed renewal of R&D (research and development) tax incentives intended to stimulate job creation in high technology fields. A number of groups have questioned the continuation of these tax credits on three counts: a) with the state's emergency reserves likely to be low and basic state functions under-funded (including K-12, higher education, long-term care, mental health, and more) there may be more pressing claims on those funds, b) the cost of these tax credits will be over $220 million in the next biennium, and c) there is little evidence that the tax credits create new jobs as intended.

Our tax system now provides for over 500 state and local tax breaks (exemptions,
exclusions or deductions, credits, deferrals or preferential tax rates). These tax breaks are intended to promote various goals, including: environmental protection, help to senior citizens, and job creation. The Department of Revenue estimates that total state and local tax breaks in the current biennium represent a savings to taxpayers of $65 billion dollars, of which $13 billion could be realized as revenue. By comparison, the 2003-2005
General Fund budget is just $23 billion.

Spending decisions are made in public view, and most carry requirements for basic accountability and/or proof of outcomes. There are no comparable requirements for the tax breaks granted by the legislature every year. It isn't that the accountability is loose, or out-dated; there currently is no systematic review of tax breaks to determine whether they achieve their intended outcomes. Several bills were proposed in this Session in an attempt to begin to bring some accountability to the state's many and costly tax expenditures.

Many more bills introduced this year would renew or increase the value
and/or type of tax breaks, and would thus increase the dollars lost to
state coffers. HB 2546/ SB 6239 is one such bill.

HB 2546/ SB 6239 - MODIFYING HIGH TECHNOLOGY AND RESEARCH AND DEVELOPMENT TAX INCENTIVE PROVISIONS.
These companion bills embody the Governor's proposal together with related bills dealing with renewed credits in rural areas. The cost to the state treasury would be $74 million through the end of the current biennium, with an additional loss of $18 million to local governments (over $220 million in lost revenues to state and local governments, during the next biennium). Although these tax credits are intended to create jobs in Washington, it is notable in a time of limited resources, that studies by the state's Department of Revenue have found no evidence that the business tax exemptions actually create jobs in Washington State.

While it appeared clear that the bills would pass, an effort was mounted to ensure some element of accountability in the bills. The argument being made is that just as entities receiving direct grant expenditures from the state must show that the funds are being used as intended, and must account for expected outcomes, that same standard should apply to entities receiving tax expenditures from the state. That notion has met strong resistance. (During one hearing in Week Three, a legislator asked one witness to name a single instance in which a business got more in tax credits than it paid in taxes. The witness replied that that is just one of many questions that cannot currently be answered, because there is no reporting and no accountability for tax credits. If the legislation then being discussed were to pass, perhaps the question could be answered at a future date.)
The Senate bill passed the Senate (35-13), without the accountability and disclosure amendments being sought, but with the closing of one loophole.
The House bill passed the House (86-12); it includes some limited reporting and accountability measures, which are considered "not strong."

Three additional bills would introduce some specific areas
of accountability for any tax credits.

HB 2654/SB 6652 - REQUIRING A TAX EXPENDITURE REPORT AS PART OF BIENNIAL BUDGET DOCUMENTS.
This bill asks the governor to prepare a tax expenditure report as part of the biennial budget documents. This report will include the listing of exemptions prepared by the Department of Revenue, and a budget analysis of each exemption. The budget analysis shall categorize each exemption according to the programs or functions each exemption supports, and include a determination of whether each exemption is the most fiscally effective means of achieving the purpose of the exemption. It would also include a determination of whether each exemption has achieved its purpose, including an analysis of the persons that are benefited by the exemption. It directs the governor to identify each exemption that will terminate during the next biennium and make a recommendation as to whether the exemption should be allowed to terminate, continue, or continue with modification.
The Senate bill remains in the Senate Ways & Means Committee.
In Week Four the House bill was voted DO PASS by the House Finance Committee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

HB 2762 - PROVIDING MANDATORY ACCOUNTABILITY FOR TAX PREFERENCES
Declares that, in order for private businesses to qualify for tax preferences, they must comply with the following eligibility standards: (1) There must be a net creation of full-time permanent jobs in Washington by each business receiving tax preferences within two years of receiving the tax preference. (2) New jobs created will pay no less than the prevailing wage rate for that industry or the county average wage, whichever is greater. (3) Each business must provide employer-paid health benefits at no less than the value of the state's basic health plan, dental coverage, vacation and sick leave, and an ERISA-qualified retirement plan. (4) The construction or installation of plant and equipment will be done through local hire agreements, pay the prevailing wage rate, and be covered by project labor agreements where applicable. Additional elements deal with the provision of data by those businesses claiming tax preferences, including e.g., the businesses' employment level in states other than Washington, their employment level outsourced to other countries; and the dollar value for each state tax preference it received over the previous four calendar years.
In Week Three the House bill got a Public Hearing before the House Finance Committee. Eligible for Executive Session.

HB 2930 - DISALLOWING TAX EXPENDITURES THAT EXCEED A SPECIFIED LIMIT.
In much the same way that the state caps certain expenditures, this bill intends to: (1) Establish a limit on state tax expenditures that will ensure that the monetary value of state tax expenditures, as a percent of the limited general fund budget, does not exceed a reasonable amount; (2) Protect taxpayers who do not directly benefit from tax expenditures from paying higher taxes to support essential government services while retaining tax expenditures that have a clear benefit to low and middle-income families such as the sales tax exemptions on food and prescription drugs and property tax exemptions for senior citizens; (3) Ensure that the growth of state tax expenditures does not threaten adequate funding of essential services, including health care and education; (4) Ensure that local governments are not threatened by runaway growth in tax expenditures.
In Week Three the House bill got a Public Hearing before the House Finance Committee. Eligible for Executive Session.

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SEXUAL ABUSE/DOMESTIC VIOLENCE

HB 1645/SB 5524 - ADDRESSING PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING IN THE RENTAL OF HOUSING
This bill establishes provisions for the protection of victims of domestic violence, sexual assault, or stalking from discrimination in the rental of housing, eviction, or penalties that result from their victimization. . At the end of Week Three it appeared there might be a compromise coming, that would remove the objections some landlords had to this bill.
No action was taken on the Senate bill by the Senate Cttee on Financial Services, Insurance & Housing.
The House bill is listed for possible Floor Action in Week Five.

SHB 2392/ SSB 6161 - REQUIRING LAW ENFORCEMENT AGENCIES TO ADOPT POLICIES CONCERNING DOMESTIC VIOLENCE BY SWORN EMPLOYEES.
This bill requires a model policy to be developed by the State Association of Sheriffs and Police Chiefs, to deal with domestic violence by law enforcement personnel. It must be developed in collaboration with representatives from law enforcement, domestic violence advocates, and other appropriate groups. The bill requires that all law enforcement agencies either adopt the model policy or write their own -- consistent with minimum standards in the law. This bill arises from the Crystal & David Brame case and has a lot of momentum.
In Week Four the Senate bill passed the Senate, 47-0. It has been sent to the House Juvenile Justice & Family Law Committee.
The House bill is listed for possible Floor Action in Week Five.

HB 2395 - MODIFYING THE STATUE OF LIMITATIONS FOR CHILDHOOD SEXUAL ABUSE CIVIL CASES
This bill revises, and in certain cases, extends the statue of limitations for civil cases involving the reporting of childhood sexual abuse.
This bill is listed for possible Floor Action in Week Five.

SHB 2397/ SSB 6384 - IMPOSING PENALTIES AGAINST CONVICTED DOMESTIC VIOLENCE OFFENDERS TO PAY FOR DOMESTIC VIOLENCE PROGRAMS
This bill would establish a penalty to hold convicted domestic violence offenders accountable while requiring them to pay penalties to offset the costs of domestic violence advocacy and prevention programs. The penalties imposed would be used for established domestic violence prevention and prosecution programs. This assessment would be in addition to any other penalty, restitution, fines, or costs provided by law. Revenues would be used solely for the purposes of funding domestic violence advocacy and domestic violence prevention and prosecution programs in the city or county of the court imposing the assessment.
The Senate bill is before the Senate Rules Committee, waiting to be scheduled for Floor Action.
The House bill is listed for possible Floor Action in Week Five.

HB 2400 - PROVIDING ENHANCED PENALTIES FOR SEX CRIMES AGAINST CHILDREN.
This bill provides that additional years (from 10 to 3 years) will be added to the standard sentencing ranges for sex crimes against children, and it establishes a mandatory minimum sentence of one year for violation of existing law.
No action was taken by the House Criminal Justice & Corrections Cttee; the bill appears dead.

HB 2456 - ESTABLISHING PROVISIONS FOR DICLOSURE OF SEXUAL MISCONDUCT BY APPLICANTS FOR SCHOOL DISTRICT EMPLOYMENT
This bill requires that school districts must provide known information regarding employee's sexual misconduct when those employees attempt to transfer to different school districts.
In Week Four, this bill was voted DO PASS by the House Education Committee.
It is now in the House Appropriations Committee, where it must be acted on by 2/10.

HB 2481 - INCREASING MARRIAGE LICENCSE FEES TO FUND DOMESTIC VIOLENCE PROGRAMS
Increase fees from Marriage Licenses would be used to create the domestic violence prevention account, in the custody of the state treasurer. All receipts from the marriage license fee must be deposited into the account and only the Department of Social and Health Services will have authority to make expenditures from the account. Expenditures from the account will only be used to fund community-based services for victims of family violence.
In Week Four this bill was voted DO PASS by the House Appropriations Cttee.
It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

SB 6111 - REQUIRING LAW ENFORCEMENT AGENCIES TO ADOPT DOMESTIC VIOLENCE POLICIES.
This is one of the bills growing out of the David Brame case in Tacoma. It would provide that, by 12/1/04, the Washington state criminal justice training commission, the Washington state patrol, the Washington association of sheriffs and police chiefs, and organizations representing state and local law enforcement officers shall develop a written model policy on domestic violence. By 6/1/05, every state, county, and municipal law enforcement agency shall adopt and implement a written domestic violence policy, and by 6/30/06, every full-time peace officer