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Welcome to Policy Watch 2004

WEEK 8-9

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.

NEXT CRITICAL DATE:

Next Thursday, MARCH 11, marks the end of the 2004 Session.

Everything must be finished by then:
-- If there are any differences in bills as they came out of the House and Senate, those differences must be resolved and all bills must be passed in absolutely identical form in both bodies.
-- Both House and Senate must agree on a Supplemental Budget.
-- Some decision must be made about how we conduct the Primaries this Fall - even if it is just to agree on something temporary and let the voters decide in November.

The Session is almost over. If there is a bill or budget item you care about, use the HOTLINE and leave a message for your legislators:

1-800-562-6000

 

Go to Part III Issues

Monday, 3/8 is DAY 57 of the 60-day Session.

As one legislative aide noted: "…a few weeks ago, these buildings were packed with people. Now there's hardly anybody here but legislators and staff."

Outside the legislators' offices that was definitely the case: most days there weren't any people waiting for appointments or just stopping by, and - since there were no Committee meetings - even the usually crowded first floor areas outside Committee rooms were still.

To the extent that there were people around, they were mostly the lobbyists - paid and volunteer - and they hung around in the small white "tent" outside the temporary House chamber, or just off the floor of the temporary Senate chamber. Some watched the closed-circuit TV monitors for a view of the votes being cast on the House and Senate floors; others did what they could via cellphone and laptop.

The Senate Floor - which is housed temporarily in the old State Library building -- is on the same floor with the cafeteria and so it's more accessible than the House Floor (which is upstairs, in the two-story Modular - MOD2 - building). Occasionally someone would send a message to one of the Senators during debate on the Senate floor, and whenever possible, a Senator would step away from the floor for a brief conversation just outside the door. Otherwise everyone present, lobbyists and visitors alike just hovered - watching the screens, and - when anything changed - swapping rumors with the others waiting for news.

Day after day this week, the list of bills to be considered was long, but most of the time the presiding officers moved efficiently through them, their short titles summing up the range of topics being decided. A single day's list might have about a hundred bills, including: "…solid wastes, public lands, homeowner's insurance, higher education, financial literacy, seat belt requirements, child custody hearings, liquor sale identification, forest lands, Info for deaf children, flood control…." As bill after bill came up for a vote, there would be time for some brief arguments "pro" and "con," or occasionally a longer discussion as amendments were being offered.

Bills simply did not make it out to the House or Senate Floor until all contentious items were settled, so in some respects the Floor votes were something of a formality. That's why so many of the final votes are unanimous (or nearly so).

That also explains the following brief scene. At one point a Senator rose to offer an amendment to a bill under discussion, and one of his colleagues asked whether he could explain the amendment. "No," short pause, "I cannot" -- prompting some good-natured laughter … followed quickly by a call for a vote on the amendment, and then on the bill - the just-passed amendment included. There were no gasps, no expressions of surprise or outrage - because it was o.k. At this point not only are all the lawmakers tired, they all know that the actual detail work leading up to the final language of the amendment had been going on in the background for some time. Lawmakers with very different points of view and even diametrically opposed political philosophies trusted one another enough to assume that the amendment being offered honored the spirit of all the discussions that had taken place on the days and weeks leading up to this moment.

Where We Come In.
An informed, engaged citizenry is at the heart of the democratic process. So even though the Session is coming down to the wire, and many decisions have already been made, the role of the citizen was very evident once again in this penultimate week of the Session: in person, or by phone/email/mail. Experienced advocates know that until the last gavel falls on the last day of the Session, there's always hope, and they don't give up. Some examples, with mixed results, will make the point.

Many people volunteer by helping at a community food bank or soup kitchen, and when they do, they quickly realize that occasional help from those programs is no substitute for a regular source of food. For thousands of families with low-wage jobs, that means easier access to benefits like food stamps, and school meals -- and few know that better than the food program staff, volunteers, Board members, and recipients. This year all were involved on behalf of several bills designed to help relieve hunger - a pressing concern since Washington is among the "top five" states for hunger. Until a few weeks ago, it appeared that some or all of the hunger relief bills might die: House Bill 1554 was dead; House Bill 2769 had been pared back; and Senate Bill 6411 appeared dead. But advocates and legislative supporters for these measures never gave up. After an on-again-off-again tale that occasionally felt like a soap opera, most of the elements of all those bills were combined into a single bill - which passed. SB 6411, providing hunger relief, has to be agreed to by the House but then it will be on its way to the Governor.

Another bill - Senate Bill 6180 - had a simpler purpose: to end employment discrimination based on "genetic information." It has been introduced every year for the last seven years. Until this year, it never made it through the process, but its advocates never gave up. Year after year they came back to make the case, answer lawmakers questions, and try again. Finally, this year… they won. From now on, employers will not be allowed to fire (or deny employment) because someone happens to come from a family or ethnic group with a predisposition to a genetically-linked condition (e.g., Sickle Cell Anemia, Tay Sachs, cystic fibrosis, some types of breast cancer). Just as we don't allow discrimination based on factors like race, age, or religion, as of now we've outlawed discrimination based on genetic makeup.

Yet another bill - House Bill 1809 - also has a simple purpose: to expand the authority of the state's Human Rights Commission to include discrimination based on sexual orientation. This bill has also been introduced every year for many years, without making it all the way through the process (it has passed the House but never the Senate). It too has advocates that know the issue first-hand, are available to answer questions about its impact, and never give up; this year they appeared poised to succeed. On the last day of Senate Floor action when supporters believed they had the necessary votes, they tried to bring up HB 1809. Instead, to avoid the vote, Senate leaders adjourned an hour early. In the process, they angered many, and caused numerous other worthy bills to die.

A somewhat different story surrounds another bill that had appeared dead. House Bill 2400 would establish stiffer sentences for people who commit sex crimes against children. A radio broadcast that painted the bill in simple black-and-white terms generated a large volume of calls into legislative offices, and a group hoping to revive the bill brought pairs of tiny tennis shoes to represent the children who could not be there to speak for themselves. However, the bill also included some controversial elements that might have been ignored in all the din - including the elimination of a sentencing alternative and treatment provisions important to domestic violence advocates and prosecutors. In this case it is not clear that democracy was well-served: legislative aides reported a barrage of angry, even abusive calls - including some from people who said they didn't know why they were calling, just that a talk show host told them to call and so they did. The clamor had some effect: the bill was revived, rules were suspended, negotiations got underway, and a compromise version passed the House. At this point, the bill's fate is unclear. The compromise bill still has knowledgeable observers worried, and it has not gotten completely through the process - in part because there wasn't enough time to get it through the Senate.

The best protection for a strong democracy isn't just noise, it's informed, knowledgeable constituents who follow the process, speak from knowledge and/or experience, and hold their legislators accountable.


Tips For This Week - One new, one old
1. Contact the Governor's Office
Regular readers will recognize a reference to, "Capitol Math = 50 + 25 + 1." That refers to what it takes to get a bill through the process: 50 votes in the 98-member House of Representatives; 25 votes in the 49-member Senate; and the 1 "vote" of the Governor who gets to veto, partial veto, or sign the bills that make it through the legislature to land on his desk. At this point, the advocate's task of winning 50 votes in the House and 25 votes in the Senate is nearly done.

Critical now is the "1" -- the Governor. If you have not communicated your desires on bills or budget items to the Governor, don't wait. The same toll-free line that allows you to leave messages for your Senator and Representatives can also be used to leave a message - toll-free - for the Governor: 1-800-562-6000.


2. With the Budget still unsettled, and important differences between the House and Senate versions, last week's tip still applies.
There are many items included in either the House or Senate Budgets (or both) that serve people who would never be thought of as rich, powerful, or likely contributors to campaigns. That their items made it into some version of the budget is a tribute to citizen advocacy and the fact that - despite all the bad jokes and cynicism - speaking up counts.

Take a look at items in the Supplemental Budget that affect issues important to you. Then let your Senator and two Representatives know why they are important to you: a simple, 1 or 2-sentence message will do. (E.g., "I live in your District and I really care about _______. Please do all you can to protect it in the budget." Or: "I disagree with funding for __________. Please do all you can to keep it out of the budget.") The toll-free hotline lets you send a brief message to all three legislators - plus the Governor - in one brief call:
1-800-562-6000.

The SUPPLEMENTAL BUDGET.

Early in Week Seven both the House and Senate offered their competing visions of the Supplemental Budget, and both bodies promptly passed their respective versions after several hours of discussion. The House version of the Supplemental Budget - HB 2459 - passed the House (51-45); it was sent to the Senate Ways & Means Committee. The Senate version - SB 6187 - passed the Senate (28-21); it was sent directly to the House Rules Committee. (To see both, plus the Governor's, go to www.leg.wa.gov, and click on "Information on the Supplemental Budget.")

By Week Eight key players on the two budget-writing Committees plus the Governor were meeting regularly, and rumors about what was in/what out were plentiful. At week's end they were believed to be close to agreement, with only a few "big ticket" items to resolve.

For citizens, if something is funded in both Budgets, it is pretty much guaranteed to be in the final version. If something is not funded in either Legislative Budget, it is unlikely to make it into the final version (however being included in the Governor's Budget keeps the door open). Something in one budget but not the other, has a fighting chance… but only if supporters speak up.

Influencing the final budget are some milestone events.
In Week Six, the new Revenue Forecasts came in $76 million higher than had been anticipated last November. That is due partly to reductions in caseload growth (reported by the Caseload Forecast Council in Week Five) - in some cases because of employment, but in other cases because needy people have been made ineligible for help (e.g., the 18,000+ children no longer getting health care).

By March 11, the House and Senate versions must be reconciled, incorporating all of the changes adopted in all of the laws just passed, plus all of the conditions that changed since passage of the state's $22.8 billion biennial operating budget last year. Our state requires that the budget be balanced.

PART III - SOME ISSUES

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


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

REMINDER: House Bill numbers begin with 1 or 2;
Senate Bill numbers begin with 5 or 6. Recent bills have higher numbers.


FORMAT NOTE : Bills that appear "alive" will continue to appear with descriptions of their contents. Bills that appear "dead" will only show bill number, title, and current status. (If revived, content will be added back in.)

With rare exceptions, Public Hearings are over for this year.
Bills deemed "necessary to the budget" and Resolutions are not subject to the Cut-Off dates.


 

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. The House passed this bill (57-40), and sent it to the Senate. It remains in the Senate Ways & Means Committee. As of Week Seven, both budgets include funding for this; the bill may not be needed.
(See Budget Items below.)


SB 6331 - REVISING THE DEFINITION OF MANDATED REPORTERS IN BOARDING HOMES AND NURSING HOMES.
This bill appears dead.

HB 2468/ SB 6726- ADULT FAMILY HOME LIABILITY
These bills appear dead.

HB 2517/ SB 6280 - RELATED TO NURSING HOMES
These bills appear to be dead.

HB 2714 - INCREASING SAFETY FOR SENIOR DRIVERS
This bill appears dead.

PROPERTY TAX RELIEF - Multiple Bills

HB 2938 - REGARDING LONG-TERM CARE FINANCING
This bill appears dead.


Budget Items
Home Care Workers
Both the House and Senate Budgets include $24 million to implement the renegotiated collective bargaining agreement between the Home Care Quality Authority and the bargaining representative of the individual home care workers. This will provide for a .50/per hour raise beginning October, 2004, worker's compensation benefits, and health care coverage. Individuals working half-time or more will also receive a contribution toward health coverage. The Home Care Workers contract has been a major issue last year and this.

Both House and Senate Budgets also provide funding to give Agency Home Care Workers comparable wage increases to those provided to individual home care workers.


Advocates for Case Management services provided through Area Agencies on Aging sought an additional $3 million in state funds (to 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 - e.g., for 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.
The Senate Budget provides $2.9 million (a 20% increase) for Area Agency on Aging case management services, beginning 7/1/04.
The House Budget provides $2.4 million for the same purpose.


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). For details, contact advocates for seniors and for nursing homes.
The Senate Budget provides the $11 million sought for the Nursing Home Rate Increase.


Note: The Governor's budget included $2 million for the "Townsend Settlement." These funds would establish an in-home care option for "medically needy" individuals needing long-term care. "Medically needy" individuals, in this case are those eligible for Medicaid-funded nursing home care, who would be eligible for in-home care under COPES -- except that their monthly income exceeds $1,692. This would permit them to get assistance with
long-term care without leaving their homes.


CHILD CARE

HB 1545 - TO CONSOLIDATE EARLY LEARNING AND CHILD CARE PROGRAMS AND SERVICES. This bill is dead.
Some issues raised by this bill were taken up in HB 2780 (below).

SHB 2360/ SB 6595 - ESTABLISHING A WAGE LADDER FOR CHILD CARE WORKERS
These bills appear dead, but funding to improve the incomes of child care providers is expected to emerge from the budget process.

HB 2498 - REVISING FUNDING CONSTRAINTS AFFECTING THE WASHINGTON WORKFIRST PROGRAM.
This bill appears dead.

EHCR 4417 (formerly HB 2780) - ESTABLISHING AN EARLY LEARNING [AND CHILD CARE] LEGISLATIVE WORK GROUP.
This House Concurrent Resolution would establish an early learning and child care legislative work group to make recommendations for developing a strategic vision and specific goals for early learning and child care programs and services in the state. The intent is to support families in preparing for, and maintaining, their children's success in school. It would report to the legislature by 1/10/05 (not 12/04). See item for HB 2777 under Childrens' Issues (below).
The bill has re-emerged as a Resolution not subject to the Cut-Off. It passed the House and was referred to the Senate Cttee on Children & Family Services & Corrections.

SSB 6138 - DEVELOPING A MASTER PLAN FOR EDUCATION FROM PREKINDERGARTEN THROUGH UNIVERSITY.
This bill appears dead.


Budget Items

The House Budget provides $1.0 to reinstate a pilot project involving a child care Career and Wage Ladder program, which increases wages based on experience, education, and level of responsibility.

The House Budget also provides $900,000 to help restore the declining subsidy rates for child care providers.

With funds so limited, and the need to restore child care provider incomes so pressing (particularly in more costly urban areas), some child care advocates would prefer to see the available funds devoted to subsidy rate improvements (leaving restoration of the pilot program to later).


CHILD WELFARE/CHILDRENS' ISSUES

Interim Planning Sessions:
On Tuesday 3/9 at 8AM in the House Juvenile Justice and Family law Committee in Hearing Room C in the JL O'Brien building.
On Wednesday 3/10 at 8 AM, in the House Children & Family Services Committee in Hearing Room D in the JL O'Brien building.


HB 1563 - AFFIRMS THAT PARENTS HAVE A PARAMOUNT RIGHT TO RAISE THEIR MINOR CHILDREN.
This bill appears dead.

HB 2314 - CONCERNING NONPARENT VISITATION RIGHTS.
This bill appears dead.

HB 2334 - AUTHORIZING A SPECIAL "KEEP KIDS SAFE" LICENSE PLATE
This bill appears dead.

SHB 2361/SB 6643 - 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 passed the Senate. It now needs concurrence in the House. (Or, since SB6643 earlier passed the House, it may be substituted.)

HB 2362 - ESTABLISHING THE USE OF FAMILY TEAM DECISION MEETINGS
This bill appears dead.

HB 2399/SB 6272 - ESTABLISHING FAMILY LEAVE INSURANCE
Both bills appear dead.

HB 2395 - STATUTE OF LIMITATIONS FOR CHILDHOOD SEXUAL ABUSE CIVIL CASES
This bill appears dead.

HB 2429 - CHANGING PROVISIONS RELATING TO THE ADJUSTMENT OF CHILD SUPPORT ORDERS
This bill appears dead.

SHB 2597 - DUTY OF A MEMBER OF THE CLERGY TO REPORTSEXUAL ABUSE OF A CHILD
This bill appears dead.

HB 2628 - PUBLIC ACCESS TO THE CHILD IN NEED OF SERVICES AND AT RISK YOUTH HEARINGS.
This bill appears dead.

HB 2699 - CHANGING PROVISIONS RELATING TO CHILDREN IN FOSTER CARE WITH HIV
This bill is dead; HB 3081 is being considered instead. See below.

HB 2754 - PREVENTING THE SEXUAL ABUSE OF CHILDREN BY CUSTODIAL CARE GIVERS.
This bill appears dead.

EHCR 4417 (formerly HB 2777 - PROVIDING FOR AFTER-SCHOOL PROGRAMS) now ESTABLISHING AN EARLY LEARNING AND CHILD CARE LEGISLATIVE WORK GROUP
This Concurrent Resolution will establish an early learning legislative work group to make recommendations for developing specific goals for early learning programs in the state, with members appointed by the Speaker of the House of Representatives and the President of the Senate. Membership will draw from the House Committees on Children & Family Services, Education, and Appropriations, and from the Senate Committees on Children & Family Services & Corrections, Education, and Ways and Means. The work group shall: (a) Define legislative expectations and provide policy direction for quality early learning programs; (b) Identify the most efficient ways to improve the administration and fiscal management of quality early learning programs; (c) Consider licensing requirements for preschools and kindergartens; and (d) Seek involvement from families, community groups, educators, and state agencies involved with early learning programs throughout the state. The work group shall report to the legislature by January 10, 2005.
The original bill appeared dead. Much of its substance and intent were then included in EHCR 4417 - Engrossed House Concurrent Resolution - which is now in the Senate Children & Family Services & Corrections Committee.

NOTE: A "Concurrent Resolution" is not a bill, but a resolution related to the internal operation of the Legislature.


SHB 2792 - INITIATING A PROCESS TO DEVELOP COLLABORATION AMONG PUBLIC AND PRIVATE PROVIDERS OF CHILD WELFARE SERVICES.
This bill appears dead. Although HB 2792 died in the House, the substance of the bill was included in the House budget - without any money appropriated for the bill, just language directing the work to be done.

HB 2812 - ENSURING REPORTING BY CLERGY OF SEX OFFENSES COMMITTED AGAINST CHILDREN BY OTHER CLERGY.
This bill appears dead.

HB 2877/SB 6524-REVISING PROVISIONS RELATING TO GUARDIANSHIP OF DEPENDENT CHILDREN.
Both bills appear dead.

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 appears dead.

HB 2963 - REQUIRING BACKGROUND CHECKS FOR ALL DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEES AND CONTRACTORS.
This bill appears 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 passed the Senate.
It is now on the Governor's desk waiting for his signature.

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 passed the Senate and will now need concurrence in the House.

SHB 3001 - AUTHORING KINSHIP CAREGIVERS TO CONSENT TO MEDICAL CARE.
This bill appears dead.

SHB 3039 - EXTENDING THE EVALUATION FOR IDENTIFICATION OF LONG-TERM NEEDS OF CHILDREN ENTERING THE FOSTER CARE SYSTEM.
This bill appears dead.

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 as 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 passed the House, and also the Senate.
It is now on the Governor's desk waiting for his signature.

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 passed the House (95-0). In Week Eight this bill passed the Senate.
It is now on the Governor's desk, waiting for his signature.

HB 3083 - IMMUNITY FOR ANY PERSON WHO COOPERATES WITH AN INVESTIGATION OF CHILD ABUSE AND NEGLECT
This bill grants immunity to persons cooperating in an investigation arising as a result of a child abuse/neglect report. An amendment in the Senate committee included language regarding those acting in good faith and without gross negligence. In Week Eight, this bill passed the Senate.
It is now on the Governor's desk, waiting for his signature.

2SHB 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 passed the House; it also passed the Senate.
It is now on the Governor's desk waiting for his signature.

SHB 3090/ SB 6692 - REVISING DEFINITION OF OUT-OF-HOME PLACEMENT.
Both bills appear dead.

2SSB 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 passed the House.
It is now on the Governor's desk, waiting for his signature.

SB 6446 - CLARIFING THE DUTY OF CLERGY TO REPORT ABUSE AND NEGLECT.
This bill appears dead.

HCR 4418 (formerly SSB 6457 - CHANGING PROVISIONS RELATING TO ADOPTION) CREATING A STUDY PANEL ON ADOPTION ISSUES
This House Concurrent Resolution would establish a legislative study panel on issues relating
to adoption, consisting of two members of the Senate and two members of the House. The study panel shall create an advisory committee which includes representatives from federally recognized Indian tribes, the Washington State Bar Association, the judiciary, and adoption agencies and child-placing agencies; adoptive parents; and adoptees. The panel shall study and report findings and recommendations, as well as solicit comments from the community, regarding the current adoption statutes and policies related to the following issues: Adoption-related fees; barriers to adoption; child selling and buying; adoption facilitation, advertising, and marketing; discrimination in adoption based upon ability to pay, race, color, or national origin of child or parent; background checks; and agency licensing and credentialing. The panel will report its findings to the legislature by January 1, 2005.
Some of the contents of SB 6457 are now included, with modifications, in HCR 4418, which is now awaiting committee assignment in the House.

ESSB 6642 - FAMILY GROUP CONFERENCES FOLLOWING SHELTER CARE
This bill requires the Department of Social and Health Services (DSHS) to facilitate a family group conference following shelter care, and no later than 25 days prior to fact-finding. The family group conference replaces the conference created by the legislature in 2001. This bill was amended as follows: The term "family group conference" was replaced by "case conference;" parents will receive notification that they may have two advocates accompany them to the case conference; and all available conference participants must receive seven days' notice of conference.
This bill passed the House with changes, and now needs concurrence in the Senate.

SSB 6643 - PROVIDING GUIDELINES FOR FAMILY VISITATION FOR DEPENDENT CHILDREN.
This bill provides for visitation, and 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 passed the House and was amended to include the substance of HB 3115 (AUTHORIZING APPOINTMENT OF EXPERT EVALUATORS IN PROCEEDINGS INVOLVING CHILD DEPENDENCY OR TERMINATION OF PARENTAL RIGHTS). It now needs concurrence in the Senate.


Budget Items
The House and Senate Budgets both contain $500,000 for Support Services for Kinship Caregivers. The funds are included in the Aging and Disabilities portion of the DSHS budget and would be disseminated through the Area Agencies on Aging. The proviso notes that priority for the funds shall be given to kinship caregivers who are at the greatest risk of being unable to maintain their care-giving role without support services.

The House Budget provides $3 million for Improvements in the state Foster Care System, in response to the recently released federal Child and Family Services Review. $2.6 million is for implementing family team meetings and to strengthen families. The remainder is to make improvements in CAMIS - the computer system used by foster care caseworkers.


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. Advocates believe they have a chance to pass this bill this year; it has been introduced many years.
This bill appeared dead, but supporters almost got it to a vote on the Senate Floor on the last day of Senate Floor Action. Senate Leaders adjourned early to avoid allowing this to come to a vote. This bill has come back before, and will no doubt come back again.

HB 2054 - RESTORING VOTING RIGHTS TO FELONS UPON COMPLETION OF SUPERVISION
This bill appears dead.

HB 2592 - PROHIBITING STATE DRIVER'S LICENSE OR IDENTICARD ISSUANCE IF IDENTITY CANNOT BE ESTABLISHED.
This 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.
Both bills appear dead.

HB 2739/ SB 6244 - PROVIDING FUNDING FOR CERTAIN JUSTICE SYSTEM ACTIVITIES
Both bills appear dead.

HB 2772 - CONTROLLING GENETIC INFORMATION
This bill appears dead.

SB 5430 - VERIFYING LAWFUL RESIDENCY OF DRIVER'S LICENSE APPLICANTS and
SB 5081 -VERIFYING LEGAL UNITED STATES PRESENCE is listed as a "companion bill." Both 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 Eight this bill passed the House (earlier it pass the Senate).
It is now with the Governor, waiting for his signature.

SB 6181 - INCLUDING GENETIC INFORMATION AS A PROTECTED CATEGORY IN THE LAW AGAINST DISCRIMINATION
This bill appears dead.


Budget Issue
Without access to the Courts and justice system, basic rights are denied. The Washington Supreme Court commissioned a study of Civil Legal Needs which found that over 3/4ths of low-income Washington households experience at least one important civil legal problem every year - issues affecting such basic human needs as shelter, safety, and income. Only a small fraction of them (about 15%) get any assistance in dealing with these problems. Vulnerable elderly individuals, people fleeing domestic violence, women and children are disproportionately affected. Meanwhile, funding -- including state funding -- for legal aid and services has been declining.

Each of three budget versions has treated this issue differently:
-- The Governor's proposed budget includes $3.9 million for civil legal aid;
-- The House Budget includes $2 million for this purpose; The Senate Budget does not.


DISABILITIES

SHB 2554/SB 6379 - DEVELOPMENTAL DISABILITY CHILD SUPPORT
Both bills appear dead.

SHB 2596 - PROVIDING FOR EARLY INTERVENTION FOR CHILDREN WITH DISABILITIES - Birth to Three.
This bill appears dead.

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. This bill originally included the option of selling (as well as leasing) timber and unused properties at Ranier and Lakeland RHC's, with the proceeds to benefit those needing community-based DD services. It also included the disposal of excess acreage under the control of WSU. A similar House bill died.
The Senate bill was amended in the House Capital Budget Committee to make it more like the earlier House version, but without an option for selling any of the excess property (the land may only be leased; the timber may be sold); it was then voted DO PASS in the House Committee on Capital Budget.
The bill did not come to a vote on the Floor, and unless it is treated as necessary to the budget process, appears dead.

HB 2766/ SB 6714 - EXPANDING RESPONSIBILITIES OF THE CASELOAD FORECAST COUNCIL
This bill adds developmental disability programs to the responsibilities of the caseload forecast council, along with other state programs (e.g., for medical assistance, foster care and adoption support, nursing homes and the COPES waiver for seniors and persons with physical disabilities, etc). "Caseload," means the number of persons expected to meet eligibility requirements and require the services of various assistance programs.
Unless they are deemed "necessary to the budget," both bills are dead.

HB 2943 - REGARDING THE ADMISSIBILITY OF STATEMENTS MADE BY DEPENDENT PERSONS.
This bill appears dead.

SB 5445 - RELATING TO INSURANCE COVERAGE FOR NEURODEVELOPMENTAL THERAPIES
This bill appears dead.

HB 2663 - 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 bill never got a vote in the Senate before the cut-off. Appears dead.

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, and grants to counties.This bill has now passed both Senate and House.
It goes next to the Governor, for his signature.

Budget items
There is a lack of funding for high school graduates in need of employment/day funding. Advocates were asking for $2 million in the Supplemental Budget to serve about 325 graduates (one-fourth of all 2003-2004 graduates).
Both the House and Senate Budgets included $ 1 million for this purpose.

The Senate Budget includes $1.2 million to modify and automate the Comprehensive Assessment Reporting Evaluation (CARE) tool used by the Aging and Adult Services Administration to improve assessments for individuals with developmental disabilities.

The Senate Budget includes a $36,000 cost for collecting child support from families with developmentally disabled children, when those children are living in foster care or other out-of-home placement. (SB 6379).

The House Budget provides an increase of $2.5 million, in community residential supports for individuals with developmental disabilities.

For a complete list of budget items related to the disability community, contact The ARC of Washington.


HEALTH CARE

SHB 1498 - MODIFYING THE SCOPE OF CARE BY PHYSICAL THERAPISTS.
This bill did not get a Senate vote before the cut-off; appears dead.

HB 2336 - PROVIDING FOR STEM CELL RESEARCH
This bill appears dead.

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.
This Joint Memorial appears dead.
.
ESHB 2354 - (Originally: ALLOWING DISCOUNTS ON MEDICARE SUPPLEMENT INSURANCE POLICIES) CONCERNING RATES FOR A MEDICARE SUPPLEMENT INSURANCE POLICY
Such discounts would be allowed when premiums are deposited automatically.
This much-amended bill has now passed both the House and Senate. It goes next to the Governor for his signature.

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 are particularly concerned (and believe the title may be misleading).
The bill would permit insurance carriers to offer small employers packages with narrower coverage than they now offer. They would be allowed to drop comprehensive insurance for "bare bones" plans, which typically do not include mental health or chemical dependency services. In addition, "small groups" would need at least two people to qualify, thereby making it more difficult for individuals to get coverage that includes mental health or chemical dependency treatment. The bill was amended in ways that left mental health and
substance treatment advocates concerned. It passed the House (63-33).
This bill was amended on the Senate Floor in ways that made it even less acceptable to mental health and substance treatment advocates, effectively giving insurers the ability to charge more and provide less. E.g., it removes "Every Category of Provider" language that permits consumers to choose among providers, and makes "Bare Bones" plans more attractive to employers.
This bill must go back to the House for their concurrence with the changes (it is possible that won't happen).


HB 2469 - AUTHORIZING CERTAIN STATE AGENCIES TO PURCHASE PRESCRIPTION DRUGS FROM CANADIAN WHOLESALERS AND PHARMACISTS.
This bill appears dead. Legislators have promised hearings on this subject during the interim before the Legislature convenes again next January.

HB 2748 - DEFINING ABSTINENCE EDUCATION AND COMPREHENSIVE SEX EDUCATION FOR K-12 STUDENTS.
This bill appears dead.

HB 2749 - AFFIRMING THE RIGHT OF A WOMAN TO REFUSE TO HAVE AN ABORTION
This bill appears dead.

HB 2599 - REQUIRING INFORMED CONSENT FOR AN ABORTION
This bill appears dead.

HB 2617/SB 6223 - ESTABLISHING PARENTAL NOTIFICATION FOR ABORTION
Both bills appear dead.

NOTE: four bills dealing with abortion were SB 5878, SB 5879, SB 6222, and SB 6223.
All now appear dead.

HB 2763/ SB 6423 - IMPROVING THE DELIVERY OF HEALTH CARE SERVICES TO SCHOOL CHILDREN
Both bills appear dead.

HB 2787 - PROVIDING IMMUNITY FROM LIABILITY FOR LICENSED HEALTH CARE PROVIDERS AT COMMUNITY HEALTH CARE SETTINGS
This bill did not get a vote in the Senate before the cut-off; appears dead.

HB 2788 - ESTABLISHING PRIORITY FOR FUNDS IN THE LIABILITY INSURANCE PROGRAM FOR RETIRED PRIMARY CARE PROVIDERS VOLUNTEERING TO SERVE LOW-INCOME PATIENTS.
This bill did not get a vote in the Senate before the cut-off; but the House Budget provides $300,000 for this purpose.

HB 2789 - PERMITTING HEALTH INFORMATION AND DISEASE PREVENTION INSTRUCTION
This bill appears dead.

SB 5597 - PROHIBITING TOBACCO PRODUCT SAMPLING.
This bill appears dead.

SB 5923 - PROTECTING ACCESS TO APPROPRIATE CARE FOR PATIENTS UNDER STATE PROGRAMS
This bill appears dead.

SB 5944 - CONCERNING THE BASIC HEALTH PLAN
This bill appears dead.

HB 1868/ SB 5791 - PROHIBITING SMOKING IN PUBLIC PLACES
Both bills appear dead.

HB 1979/ SB 5876 - AUTHORIZING LOCAL GOVERNMENTS TO RESTRICT OR PROHIBIT SMOKING IN PUBLIC PLACES
These bills appear dead.

SB 6231 - PROHIBITING SMOKING IN PUBLIC PLACES.
This bill appears dead.

SB 6431 - PROVIDING HEALTH INFORMATION FOR YOUTH
This bill appears dead.

SB 6651 - MANDATING THE CREATION OF A MEDICAL NECESSITY DEFINITION.
This bill appears dead.

Budget Items
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.

Premiums for Childrens' Health Care.
The two budgets treat the issue of monthly per-child health care premiums on families with incomes between 100% and 250% of the poverty line.
The House Budget provides $25.4 million to eliminate premiums for all but families with incomes below 200% of poverty, and would impose a $20/per child premium between 200-250% of the poverty line.

The Senate Budget provides $16.7 million to reduce the premiums agreed to last year, but keeps them in place. For families with incomes from 100% - 150% of the poverty line ($1,300 - $1,900/month for a family of 3) the premium would be $5/per child; from 150% - 200% (up to $2,500/month for a family of three) the premium would be $10/per child; and from 200-250% (up to $3,200/month) of the poverty line, the premium would be $15/per child - but only for the first two children.
The Governor's 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.

(NOTE: The savings estimates in proposals to impose premiums stem chiefly from the assumption that families with marginal incomes will simply opt out of coverage.)


Community and Migrant Health Centers
These health centers are in a bind: they are seeing more patients (up 20% over two-years), and at the same time they have less money (largely due to budget cuts to the Basic Health Plan (BHP) and Medicaid). E.g., last year, when the Basic Health Plan was frozen, these centers lost almost 18,000 insured enrollees, while at the same time their uninsured patient load was rising. Since uninsured patients pay for their care on a sliding fee scale that does not reflect true costs, reimbursement to the centers met only a portion of their costs. Ultimately, too little money means less ability to serve -- which in turn puts at risk immigrant children and others who were "shifted off" of Medicaid, but never actually "shifted onto" the BHP. Most have no other access to care or coverage. And when patients lack access to primary care at these health centers, they either go without care … or seek it in more costly hospital emergency rooms.

Clinic supporters sought two budget items: $15 million for the health centers through the Community Health Services program, and a $15-20 million grant to urban hospitals to help make up for cuts in the Medically Indigent program.

The House Budget provides $5 million for Community Clinics, and $10 million for assistance to hospitals.
The Senate Budget provides $13.5 million from the Health Services Account to help hospitals bear the cost of uncompensated care (this is a 21% increase over the amount in the biennial budget.)

The House Budget provides $300,000 from the Health Services Account to enable retired health providers to volunteer their services.

The Senate Budget provides $2.8 million to improve drug rebate collections under Medicaid.


HOUSING/HOMELESSNESS

HB 2216 - PROVIDING SHORT-TERM CASH ASSISTANCE TO HOMELESS PERSONS
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 appears dead.

EHB 2694 - REVISING DISTRIBUTION OF FUNDS "2060" FOR OPERATING AND MAINTENANCE OF VERY LOW-INCOME HOUSING
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. The bill recognizes that many tenants in rental housing live in substandard housing, but lack the resources to improve conditions. These changes require no additional funds.
The bill did not get a vote on the Senate Floor, but may be treated as necessary to the budget.

HB 2818 - CREATING THE HOMELESS FAMILIES SERVICES FUND
This bill intends to create - with a one-time 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.
In Committee, the appropriation was reduced to $5,000,000 to carry out the act (and keep the bill alive). The state funds would be matched by private contributions and local sources, and would support services to an estimated 4,000 families over 15 years. This bill passed the House (78-18).
The bill died in the Senate, but the House Budget included $3.15 million to implement the bill. It may yet survive as part of the budget.

HB 2870 - RELOCATION ASSISTANCE FOR RESIDENTIAL TENANTS IN SUBSTANDARD HOUSING
This bill appears dead.

HB 3082/ SB 5068 - RESOLVING MANUFACTURED/MOBILE HOME LANDLORD-TENANT (MHLTA) DISPUTES
Both bills appear dead.


Budget items:
The House Budget provides $3 million for Homeless Families Services, and
The House Budget provides $1.5 million for the Domestic Violence Shelter program.

Neither budget included an increase in the Housing Trust Fund.


HUNGER AND NUTRITION

HB 1554 - CONCERNING FOOD STAMP ELIGIBILITY
This bill appears dead.

HB 2548 - CREATING A PILOT FOOD BANK OUTREACH PROGRAM
This bill appears dead.

HB 2760 - PROVIDING FOR HEALTHY FOODS FOR SCHOOL CHILDREN
This bill appears dead.

HB 2680 - REQUIRING DEVELOPMENT OF A MODEL POLICY FOR NUTRITION AND PHYSICAL ACTIVITY FOR SCHOOLS
This bill appears dead.

HB 2769 - REDUCING HUNGER
This bill is one of several attempts to deal with Washington's ranking among the "top five" hunger states. It deals primarily with the child nutrition aspects: school districts with 25% or more low-income children must implement a lunch program (unless they can show "good cause" why they cannot); summer lunch programs would be required where 50% of the children are low-income, and in additional districts by 2005; meals for these programs may come from a variety of sources.
In Week Eight, most of the contents of this bill got amended onto SB 6411 on the Senate Floor (See below). It was sent back to the House for their concurrence with the changes; that is likely. (Then it should be on its way to the Governor.)

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; it 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. It passed both Senate and House.
It is now on its way to the Governor, for his signature.

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.
The bill is dead, but the Senate budget includes $100,000 to carry out its purposes.

SSB 6411 - REDUCING HUNGER
Like HB 2769, this bill attempts to deal with Washington's ranking among the "top five" hunger states. It deals primarily with the food stamp aspects: increased access to food stamps for eligible individuals - including through simplified reporting, transitional benefits for families leaving TANF, and "food stamp fairness" (taking the federal option to restore benefits to certain former drug felons). Greater access to food stamps and other programs would help recipients to achieve self support.
In Week Eight, this bill was amended to include the provisions of HB 2769 and passed on the Senate Floor. It now contains the contents of HB 2769 and SB 6411, and has now gone back to the House for their concurrence with the changes (that is expected). Next it will go to the Governor, for his signature.


Budget items
The House Budget provides $11,000 for start-up costs associated with the school lunch mandate in HB 2769, and other start-up lunch costs.

The Senate Budget provides $112,000 to implement portions of SB 6411; and provides $100,000 to expand the WIC Farmers' Market.


JUVENILES/YOUTH

HB 1145 - CHANGING PROVISIONS RELATING TO THE PLACEMENT OF JUVENILES UNDER EIGHTEEN WHO HAVE BEEN CONVICTED AS ADULTS.
This bill appears dead.

HB - 1820 - CHANGING PROVISIONS CONCERNING YOUTH SHELTER NOTIFICIATION TO PARENTS ABOUT RUNAWAY YOUTH.
This bill appears dead.

SHB 1824-DEVELOPING CRITERIA TO ENSURE QUALITY CONTROL ON RESEARCH BASED TREATMENT PROGRAMS FOR JUVENILES
This bill appears dead.

HB 1912 - ALLOWING SCHOOL BOARDS TO DECLINE TO ADMIT STUDENTS WHO ARE CONVICTED JUVENILE SEX OFFENDERS.
This bill appears dead.

SHB 2328- CHANGING PROVISIONS RELATING TO REGISTRATION OF SEX AND KIDNAPPING OFFENDERS WHO ARE STUDENTS.
This bill appears dead.

SHB 2329 - REVISING PROVISIONS RELATING TO MENTAL HEALTH TREATMENT FOR MINORS.
This bill did not come to a vote on the Senate Floor before the cut-off; appears dead.

HB 2377- REORGANIZING PROVISIONS CONCERNING MENTAL HEALTH SERVICES FOR MINORS
This bill appears dead.

HB 2391 - ESTABLISHING AN INCENTIVE POLICY FOR SCHOOLS TO INCREASE ATTENDANCE
This bill appears dead.

HB 2543 - ELIMINATING GANG ACTIVITY NEAR SCHOOLS
This bill appears dead.

SHB 2595 - MONITORING COMPLIANCE WITH STANDARDS REGARDING THE SALE OF VIOLENT VIDEO AND COMPUTER GAMES.
This bill appears dead. However, the House budget includes $231,000 to assist in litigation in regard to violent video games.

SHB 2597- DUTY OF A MEMBER OF THE CLERGY TO REPORT SEXUAL ABUSE OF A CHILD.
This bill appears dead.

HB 2628- PUBLIC ACCESS TO THE CHILD IN NEED OF SERVICES AND AT RISK YOUTH HEARINGS.
This bill appears dead

SSB 6431 - PERMITING HEALTH INFORMATION AND DISEASE PREVENTION INSTRUCTION
This bill appears dead.

HB 3078/SSB 6609 - REVISING TIMELINES FOR SEALING JUVENILE RECORDS
Renamed: CONCERNING ACCESS TO INFORMATION ON THE EXISTENCE OF SEALED 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 aims 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.).
It will act as an incentive for young adults to choose crime-free lifestyles, not plagued by juvenile records at critical times, i.e., college admissions, first job, first-time independence.
The Senate passed the House bill. It goes next to the Governor for his signature.


MENTAL HEALTH

HB 1828 - REQUIRING THAT INSURANCE COVERAGE FOR MENTAL HEALTH SERVICES BE AT PARITY WITH MEDICAL AND SURGICAL
This bill appears dead. Advocates feel strongly about this; it will be back.

HB 2377 - REORGANIZING PROVISIONS CONCERNING MENTAL HEALTH TREATMENT FOR MINORS
This bill was amended onto HB 2329, which did not come to a vote on the Senate Floor before the cut-off. It appears dead.

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. Advocates for people needing chemical dependency treatment or mental health treatment are particularly concerned (and believe the title may be misleading).
The bill would permit insurance carriers to offer small employers packages with narrower coverage than they now offer. They would be allowed to drop comprehensive insurance for "bare bones" plans, which typically do not include mental health or chemical dependency services. In addition, "small groups" would need at least two people to qualify, thereby making it more difficult for individuals to get coverage that includes mental health or chemical dependency treatment. The bill was amended in ways that left mental health and
substance treatment advocates concerned. It passed the House (63-33).
This bill was amended on the Senate Floor in ways that made it even less acceptable to mental health and substance treatment advocates, effectively giving insurers the ability to charge more and provide less. E.g., it removes "Every Category of Provider" language that permits consumers to choose among providers, and makes "Bare Bones" plans more attractive to employers.
This bill must go back to the House for their concurrence with the changes (it is possible that won't happen).


Budget Items
The Senate Budget would provide $2.8 million to rescind the 1.7% "Ratable Reduction" agreed to last year for community mental health payment rates. It also provides funding for two studies: one to review mitigation costs related to siting a facility for sexually violent predators, and a second for a JLARC study of the economic impacts of state facilities such as mental hospitals and institutions for the developmentally disabled, on local communities.
The House Budget would provide $2.2 million to rescind the 1.7% "Ratable Reduction" noted above. (Both budgets assume other fund availability to fully restore last-year's cuts to the Regional Service Networks.)
The House Budget also provides $1.3 million for sexual harassment and other staff training for relevant employees, and $50,000 for a joint legislative and executive task force to review the current structure for providing mental health services in Washington.


REVENUES

Background
Our tax system now provides for over 500 state and local tax breaks (exemptions, exclusions or deductions, credits, deferrals or preferential tax rates), intended to promote various goals. The Department of Revenue estimates that total state and local tax breaks in the current biennium come to $65 billion dollars, of which $13 billion could be realized as revenue. The entire 2003-2005 General Fund budget is just $23 billion. Citizen groups concerned about the tendency to grant increasing numbers and kinds of tax breaks, with little public scrutiny or accountability, pressed for changes - with only minor success.

HB 2546 - a bill renewing a package of costly R&D tax credits - was the first to clear both houses and be signed into law by the Governor, with only token accountability provisions. In addition, the Senate Budget proposes adopting an additional $28,470,000 in new tax breaks of various kinds (e.g., one such tax break would cost the state $6.3 million by 2007, by changing the designation of gyms to physical fitness services, and thus subject to a lower tax rate). This issue is not likely to go away.


HB 1869 - REQUIRING PERFORMANCE AUDITS FOR TAX PREFERENCES.
This bill appears dead.

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.
Minor ("not strong") accountability provisions were included.
This bill was signed into law by the Governor.

HB 2654 - REQUIRING A TAX EXPENDITURE REPORT AS PART OF BIENNIAL BUDGET DOCUMENTS.
This bill appears dead.

HB 2762 - PROVIDING MANDATORY ACCOUNTABILITY FOR TAX PREFERENCES
This bill appears dead.

HB 2930 - DISALLOWING TAX EXPENDITURES THAT EXCEED A SPECIFIED LIMIT.
This bill appears dead.


SEXUAL ABUSE/DOMESTIC VIOLENCE

2EHB 1645 - 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. After a compromise was reached between the landlords and domestic violence advocates, the bill went to the House floor and promptly passed (95-0).
In Week Eight, this bill passed the Senate.
It is now on its way to the Governor, for his signature.

HB 2395 - MODIFYING THE STATUE OF LIMITATIONS FOR CHILDHOOD SEXUAL ABUSE CIVIL CASES
This bill appears dead.

HB 2400 - PROVIDING ENHANCED PENALTIES FOR SEX CRIMES AGAINST CHILDREN.
This bill appeared dead but then was revived. It originally provided that additional years (from 10 to 3 years) would be added to the standard sentencing ranges for sex crimes against children, eliminate the treatment-oriented alternative, and establish a mandatory minimum sentence of one year for violation of existing law. Losing the treatment alternative was especially worrisome to advocates on the grounds that some victims (especially children) won't come forward if long prison terms are the only option.
In an eleventh-hour revival, the bill was taken up and amended, with smaller increases in sentences and a tightening up - but not elimination - of the treatment-oriented alternative. Advocates remained concerned even after the compromise was struck, and then it got left unsettled when the Senate adjourned early.
In Week Eight this bill was amended and passed the House. Given its history, it may yet be revived again. However, given the small amount of time remaining, it is likely dead.


HB 2456 - ESTABLISHING PROVISIONS FOR DICLOSURE OF SEXUAL MISCONDUCT BY APPLICANTS FOR SCHOOL DISTRICT EMPLOYMENT
This bill appears dead.

HB 2481 - INCREASING MARRIAGE LICENCSE FEES TO FUND DOMESTIC VIOLENCE PROGRAMS
This bill appears dead.

SB 6111 - REQUIRING LAW ENFORCEMENT AGENCIES TO ADOPT DOMESTIC VIOLENCE POLICIES.
This bill appears dead.

SB 6159 - PROHIBITING SIGNATURE GATHERING BY SEX OFFENDERS
This bill appears dead.

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.
This bill is now on its way to the Governor, for his signature.

SB 6170 - LIMITING SUPPRESSION OF INFORMATION ABOUT MISCONDUCT OF SCHOOL DISTRICT EMPLOYEES
This bill appears dead.

SB 6171 - REGARDING INVESTIGATIONS OF COMPLAINTS AGAINST SCHOOL EMPLOYEES
This bill authorizes the Superintendent of Public Instruction to conduct investigations of any complaint against a school employee as may be necessary to establish a violation of any rules, regulations, or personnel policies established by that employee's school district. Requires that investigations into sexual misconduct towards a child be completed within a year, and provides monetary penalty for delay. It also provides for a finding of contempt if any person subpoenaed to give testimony cannot show cause for refusal to testify.
In Week Eight, this bill passed the House.
It goes next to the Governor, for his signature.

SB 6220 - REGARDING SCHOOL EMPLOYEE DUTY TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT
(Now on the Governor's desk; see item in CHILD WELFARE/CHILDRENS ISSUES)

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.
In Week Eight this bill also passed the House.
It is now on its way to the Governor, for his signature.

HB 3069 / SB 6443 - PROVIDING PROTOCOLS FOR SERVICES TO VICTIMS OF TRAFFICKING OF HUMANS
Both bills appear dead; also SB 5631, on a similar topic.

SB 6444 - CREATING AN AWARD FOR FIGHTING HUMAN TRAFFICKING OR AIDING THE VICTIMS OF HUMAN TRAFFICKING
This bill appears dead.


Budget Items
Domestic Violence advocates sought $4.5 million in the Supplemental Budget, primarily for shelter and related services, to offset cuts in federal and local funding, help meet growing need, and to strengthen existing services.
The House Budget includes $1.5 million for this purpose.

The Senate Budget provides $2 million to Enhance Responsiveness of Domestic Violence Programs and meet some of the nearly 35,000 requests for DV services that could not be met last year.


SUBSTANCE ABUSE/TREATMENT

HB 2014 - PREVENTING DENIAL OF INSURANCE FOR INJURIES CAUSED BY NARCOTIC OR ALCOHOL USE
This bill appears dead.

HB 2324 - INCREASING PENALTIES FOR DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE.
This bill appears dead.

HB 2365 - ALLOWING AN OFFENDER TO ASK THE COURT FOR ADMISSION TO DRUG COURT
This bill appears dead.

HB 2556/ SB 6255 - STUDYING CRIMINAL BACKGROUND CHECK PROCESSES.
This bill attempts to deal with the growing number of requests for criminal background checks - for many types of employment - and the inability of the system to keep pace. The bill asks the Washington association of sheriffs and police chiefs, in consultation with the Washington State Patrol, to conduct a study on criminal background checks. It would focus on how the state can reduce delays in the criminal background check processing time and how we can make criminal background checks more accessible and efficient. Their findings and recommendations will be presented to the legislature no later than 12/31/04.
The Senate bill passed the House. The House bill passed the Senate.
One will soon be on its way to the Governor.

Budget Item
The Senate Budget provides $250,000 for the Washington State Mentoring Partnership, which is a prevention network targeting children and youth. The goal is to obtain 1,000 new mentors per year and increase societal awareness of the benefits of mentoring.


WELFARE

HB 1704 - ALLOWING LANDLORDS TO RECEIVE DIRECT PAYMENTS OF RENT FOR PEOPLE ON PUBLIC ASSISTANCE.
This bill appears dead.

HB 3121/ SB 6556 - REVISING THE WASHINGTON TELEPHONE ASSISTANCE PROGRAM
Both bills appear dead.

SB 5249 - CREATING THE HIGHER EDUCATION FOR LIFELONG PROGRESS PROGRAM (HELP)
This bill appears dead.

SB 5294 - CLARIFYING THE WORK STUDY ASPECT OF "WORK ACTIVITY" UNDER TANF
This bill appears dead.

SB 5636 - EXEMPTING VICTIMS OF FAMILY VIOLENCE FROM CERTAIN TANF REQUIREMENTS.
This bill appears dead.

HB 2877/ SB 6524 - REVISING PROVISIONS RELATING TO GUARDIANSHIP OF DEPENDENT CHILDREN
Both bills appear dead.

ESSB 6559 - REVISING TEMPORARY ASSISTANCE FOR NEEDY FAMILIES -TANF
This bill appears dead.


Budget Items
The House Budget would not cut GAU - General Assistance for the Unemployable. The Senate Budget cuts funding for GAU - - by nearly $16 million. This would be accomplished in two ways. First, they would limit cash and medical assistance to just 6 months out of 24, to GAU recipients (adults who have proven they have physical or mental disabilities that render them unemployable). Second, they would limit to just 12 months in a lifetime, aid to needy refugees and legal immigrants who are over 65 - but not eligible for federal SSI assistance because they are not citizens. (About 4,100 would be affected by the first change; another 1,200 by the second.)

The current GAU grant is only $339 a month to meet all needs. For many recipients, losing GAU will likely mean losing shelter, services, and medical coverage (including, in some cases, medications for mentally ill adults).

The House Budget provides $2 million for the LEP - Limited-English-Proficient -
Pathways Program. This program provides specialized employment services for refugees and other limited-English-proficiency families and individuals receiving Temporary Assistance for Needy Families, State Family Assistance, or Refugee Cash Assistance.

Neither budget makes up for the 25% cut made last year in funding for Adult Dental Services for Medicaid patients. Low-income advocates wish to see this funding restored.


MISCELLANEOUS

Policy Watch got questions about the following items. They are listed here FYI; for further information go to www.leg.wa.gov, click on Bill Info. Enter the bill number to read the text.

HJM 4040 - REQUESTING CONGRESS TO PASS A FEDERAL 211 ACT
This Joint Memorial passed the House (96-0). In Week Eight it passed the Senate.
It goes now to the Governor, for his signature.

HJM 4033 - EXPRESSING CONCERN ABOUT THE USA PATRIOT ACT
This Joint Memorial appears dead.

HJM 4042 - REQUESTING CHANGES IN THE NO CHILD LEFT BEHIND ACT
This Joint Memorial appears dead.
NOTE: A Joint Memorial is not a bill, but is a message to the President and/or Congress, asking their attention to a matter of importance to the state.

SB 5869 - AUTHORIZING NONPROFIT CORPORATIONS TO PARTICIPATE IN SELF-INSURANCE RISK POOLS.
This bill attempts to deal with the problem in obtaining affordable liability insurance faced by certain nonprofit corporations, e.g., those providing specialized transportation services to groups with special needs, such as seniors and disabled persons. The House bill appears dead.
In Week Eight, this bill was passed by the House. It goes next to the Governor, for his signature.

SB 5697 - MODIFYING INFLATIONARY ADJUSTMENT TO MINIMUM WAGE
This bill appears dead.

HB 2981/ SB 6605 - DECLARING THE EXCLUSIVE AUTHORITY OF THE STATE TO ESTABLISH MINIMUM WAGE AND HOUR STANDARDS.
Both bills appear dead.