Welcome to Policy Watch 2005

WEEK 7

POLICY WATCH is a weekly bulletin about issues and events in Olympia, WA during the 15-week legislative session. It is part of the CIVIC ENGAGEMENT PROJECT, an effort to increase involvement in the legislative process through information and advocacy training.

POLICY WATCH has three parts.
PART I: Basic Information for contacting legislators, getting information. Click here for Part I.
PART II: A description of what is happening week by week in Olympia - the process.
PART III: 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

PART II – THE PROCESS

WEEK SEVEN IN OLYMPIA

THE SCENE

We’re just about half-way through the Session, and it shows. There’s a flurry of last-minute bills being introduced, Committee meetings are filled with more bills for Executive Session than for Public Hearings, and the $2.2 billion deficit hangs over everything like a black cloud.

But no matter how much legislators would like to do, the calendar controls. By “cut-off” next Wednesday, any bills that didn’t get “Heard” and “Exec’t’d” will be dead. If there is a bill you care about, let your legislators know now. Next week may be too late.

Three critical dates are looming, as we near the mid-point of the Session.

MARCH 2. By close-of-business on Wednesday, March 2, any bills that failed to get heard and voted out of a Policy Committee in the house where they originated are probably dead for the year. There is always a possibility of resuscitation -- Capitol regulars have been known to talk about “jump-starting a corpse” (when a bill that appeared dead suddenly gets a new life). But this first cut-off date will offer a good indication of which bills still have a fighting chance.

Because these deadlines are so critical, several Committees have scheduled multiple meetings on the same day. E.g., the Senate Committee on Labor, Commerce, Research & Development has scheduled three meetings on 3/1: at 8:30 a.m., 10:00 a.m., and again at 6:00 pm – to try and get through as many bills as possible. Other Committees are meeting at 8:00 am and 8:00 pm – on the same day. Check the Committee agendas to learn whether a bill you care about is affected.

MARCH 7. Any bill that gets a favorable vote from a Policy Committee, but has a “fiscal note” (i.e., will cost money to implement), must go to a Fiscal Committee. March 7 is the cut-off date for action by the Fiscal Committee in the house where a bill originated - Appropriations or Finance in the House, Ways & Means in the Senate. If a bill you care about has been sent to one of those Committees, it means they are alive; but they still need to get a Public Hearing, followed by an Executive Session, and make it past the money hurdle.

In order to deal with all the bills being moved out of the Policy Committees this week and next, the Fiscal Committees have scheduled extra meetings. E.g., the House Appropriations Committee will meet M-T-W-Th-AND Saturday – just to deal with as many bills as possible.

Bills that involve little or no cost (less than $50,000 most years; probably less than that this year), and bills that actually win an appropriation, go next to the RULES Committee to be scheduled for action on the Floor of the House or Senate – where-ever they originated. There will be roughly a week when the legislators spend virtually all of their time in Floor Action: debating, amending, and finally voting up-or-down on bills that made it that far.

MARCH 16. By March 16, any House bills that fail to get at least 51% of the votes of the full House of Representatives, and any Senate bills that fail to get at least 51% of the votes of the full Senate – are very likely dead for the year.

If “companion bills” were introduced in both the House and the Senate, there are two chances – a bill only needs action in one house by the cut-off dates to stay alive.

A few at a time, bills have been gradually making their way through the Committees and out to the floor of the House or Senate. Starting next week that slow dribble turns into a flood, as the major action shifts away from the Policy Committees, first to the Fiscal Committees and then to the House and Senate Rules Committees, and on out to the Floor.

If a bill you care about is listed as “in the Rules Committee...” that is a good sign; it means the bill has a chance for a vote on the House or Senate Floor.

THE PROCESS

Next Stop: Rules Committee Action

The Rules Committees are a breed unto themselves – different in both their membership and the way they operate.

Bills that win enough support to make it out of a Policy and/or Fiscal Committee in this tough budget climate go next to a powerful Rules Committee. Sometimes referred to as “the Gatekeepers,” Rules Committee members get to decide which bills will be scheduled for action on the House or Senate floor, and when. As a result, seats on “Rules” are much coveted, and tend to go to more senior members – including some of the Chairs of other Committees.

The House and Senate Rules Committees differ from the policy committees in several ways: they are bigger (the House Rules Committee has 17 members, Senate Rules has 20), they give added weight to the majority party, and their Chairs are drawn from the leadership (the Speaker of the House of Representatives chairs the House Rules Committee, and the Lieutenant Governor chairs the Senate Rules Committee).

Finally, the Rules Committees even have their own, unique process. They meet in rooms with very limited (usually no) space for the public. The times and topics of their meetings are often spur-of-the-moment: the Chairs just spread the word that the Committee will be gathering at x hour. And members of the public do not get to testify before Rules.

Voting in the Rules Committees

Because there are usually more bills than there is Floor time, the Rules Committees have a ruthless winnowing process. They work from two lists: a WHITE SHEET for bills when they are first sent to Rules, and a GREEN SHEET that lists bills “pulled” from the white sheet.

The Rules Committee Chair decides how many “pulls,” or choices, each Committee member will get from a list of all the bills that have made it to the Rules Committee. The first time they poll the members, each decides which bills s/he wants pulled from the White Sheet to the Green Sheet. At this point there is no discussion, no voting.

The next times, each Rules Committee Member indicates which bill(s) they want pulled from theGreen Sheet to go to the floor. In Senate Rules there’s a brief discussion, in House Rules a Committee Chair may sometimes speak about the bill. In both cases the brief discussion is followed by a vote. Bills pulled to the green sheet are eligible to go out to the floor.

Despite this elaborate process, it is not uncommon for bills to die in the Rules Committee. Occasionally the Committee just runs out of time, or, sometimes the Chair decides a bill should not come to a vote and decides to “sit” on a bill in Rules – effectively killing it.

In some cases they will group several bills together to go to the floor and be voted on in a block or a bill that fails to get a majority slips back to the White Sheet for another try. Some other procedural things can happen... but this is the basic drill for bills heading to Floor Action. (We’ll take up Floor Action next week.)

PRACTICAL TIP

Because they don’t hold Public Hearings, the Rules Committees are less accessible than either policy or fiscal Committees. But Rules Committee members can be lobbied like any other members. This time of year it is a common to see them with index cards or notepads at the ready, jotting down the bill numbers their constituents and lobbyists want “pulled” the next time the Rules Committee meets.

You can get your bill on that card/notepad. If your Senator or Representative sits on the Rules Committee, they – and you – can have a lot of influence at this time of year. Tell them which bills you care about. (If your legislators don’t sit on the Rules Committee, ask your legislators to contact them for you.) Either way - they are just a Toll-Free call away: 1-800-562-6000.

SNAPSHOTS.

** Faith community members in Olympia for Church Advocacy Day had a simple message some legislators claim they never hear: raise new revenue and build a budget with fairness - not

on the backs of the poor. One group got their Representative out of a Committee Hearing for a bit of quick lobbying on the subject. Their pitch: “Raise our taxes… please.” They told her that just raising enough revenues to stay even would not be not good enough; a moral budget requires raising enough tax revenue to avoid deep cuts in vital services.

** Social work students from across the state carried a similar message. They came from Spokane and Yakima, Vancouver, Tacoma, and Seattle, to meet their legislators and make a straightforward case: increase revenues, not cuts. To their surprise, people were “…incredibly accessible!” They got into lively conversations directly with legislators (both pro and con), and one group even met with the Speaker of the House.

** A Kitsap County housing official testified on behalf of a program for “rental assistance” by explaining that those needing housing assistance may not be who the legislators think they are. Increasingly they are life-long workers who’ve recently been laid off, or are squeezed by low wages and high rents – unable to find any housing they can afford. “I never had to ask for help before…” Committee members were told, is a common refrain.

** Among first-time Olympia visitors this week were members of one of Washington’s highly successful CLUB HOUSE programs – programs helping people with long-term mental health issues find employment, housing, and other basic supports in the community. Clubhouses are run jointly by members and staff and both were in the group that came to meet their legislators. A bit shy at first, before long they were walking up to staff and legislators alike, introducing themselves, distributing their Fact Sheets, and lobbying like the professionals. One Senator invited them into her office, where they spent nearly half an hour in spirited discussion. As one participant reported: “It was a real give-and-take. We picked the Senator's brain on issues and how things work as much as we told her what we wanted to advocate for.”

** More Olympia jargon. If a bill passes that authorizes a new state program - but doesn’t provide any funding, the new activity is sometimes referred to as an "empty bucket." E.g., the state's Housing Trust Fund was authorized by a bill that passed in 1989. But it was called an “empty bucket” until, two years later, the Legislature allocated about $5 million to the program. That same Housing Trust Fund now provides $80 million in funding - and leverages millions more for affordable housing. This year, advocates for low-cost housing hope to add to the bucket: they seek to raise it to $100 million. Drop by drop, that bucket is empty no more.

Gender Watch: Among 8 Republican Senate Leadership posts, 3 are held by women; among 7 Democrat Senate Leadership posts, 5 are held by women.

PART III - SOME ISSUES

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

Aging/Long-Term Care
Children
Child Welfare
Disabilities
Health Care
Income Supports/Welfare
Housing/Homelessness
Hunger and Nutrition
Juveniles/Youth
Mental Health
Revenues/Tax Policy
Rights/Opportunities
Sexual Abuse/Domestic Violence
Substance Abuse
Miscellaneous

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

REMINDER:

House Bill numbers begin with 1 or 2;

Senate Bill numbers begin with 5 or 6.

Thus a bill identified as SB 6264 is the 1,264th Senate Bill introduced in the session; HB 1058 would be the 58th bill introduced in the House. More recent bills have higher numbers.

NOTE FOR WEEK SEVEN:

Regular readers will note of a few things.

-- PW is much longer. Don’t despair – it is about to get shorter.

-- The bills added to each section all have higher numbers – e.g., they are House bills numbered 2100 or 2200’s, Senate bills numbered 6000’s. Some are indeed new bills, just introduced for the first time. In other cases they are refined versions of earlier bills – with changes that reflect objections raised in public testimony or the comments of constituents and other members.

-- Many additional Committee Sessions have been scheduled to deal with as many bills as possible, so be sure to note the TIME. Many Committees are holding multiple sessions.

AGING/LONG-TERM CARE

HB 1041 – REVISING THE NURSING FACILITY MEDICAID PAYMENT SYSTEM.

In Week Three, this bill got a Public Hearing before the House Committee on Appropriations. No action since. Eligible for Executive Session.

HB 1078 – TRANSFERRING THE HOME CARE QUALITY AUTHORITY TO THE DEPT. OF SOCIAL AND HEALTH SERVICES.

This bill would change the role of a board that was established in 2001, which included consumers of both private and publicly funded in-home care services, plus representatives from the State Council on Aging, Area Agency on Aging, Governor's Committee on Disabilities and Employment Issues and the Developmental Disabilities Council. At issue are matters affecting seniors and persons with disabilities who live in their own homes, rather than institutional settings such as nursing homes, who get long-term in-home care from individual providers hired directly by them, under the medicaid personal care, community options, or chore services program. T his bill would reduce the consumer operated, policy development board to an advisory capacity, and does not provide for policy and rule development by the board - as is currently the case. It apparently stems from a desire by Governor Locke’s staff to reduce the number of boards and commissions.

The House bill was referred to the House Committee on Health Care. No Hearing yet.

HB 1773/ SB 5758 – INCREASING THE PERSONAL NEEDS ALLOWANCE FOR NURSING FACILITY RESIDENTS.

Elderly and disabled persons getting publicly-financed care contribute towards the cost of their care, but a small portion of their income is set aside for personal needs. This “personal needs allowance” is just $41.62 per month (for clothing, personal maintenance, incidentals), $11.62 of it in the form of a state supplement. The amount has not been changed since 1988, when the federal portion of the allowance was raised from $25 to $30. This bill would increase the personal needs allowance to $58.84 per month.

The Senate bill is now in the Senate Committee on Ways & Means.

In Week Seven the House bill got a Public Hearing in the House Appropriations Committee. Eligible for Executive Session.

Prescription Drugs

By now these four prescription drug bills have passed the House Floor and were sent to the Senate, in some cases after being amended on the House Floor.

SSHB 1168 – AUTHORIZING THE STATE BOARD OF PHARMACY TO REGULATE NONRESIDENT CANADIAN PHARMACIES.

This bill attempts to deal with the increase in prescription drug purchases from Canada, and the desire to ensure the safety of drugs purchased this way. The bill thus authorizes the state board of pharmacy to regulate nonresident Canadian pharmacies, directs the board to develop a reciprocal licensing agreement with Health Canada or an applicable Canadian province. If the board is unable to develop such an agreement, it will develop a process to license nonresident pharmacies through on-site inspection and certification.

In Week Seven this bill (with amendments; it is now Second Substitute House Bill) passed the House by a vote of 54-41. It is now in the Senate Health & Long-Term Care Cttee.

HB 1194 – REGARDING RE-IMPORTATION OF PRESCRIPTION DRUGS.

This bill would authorize agencies that administer state-purchased health care programs to purchase prescription drugs from Canadian sources, provided they are approved by the U.S. Food and Drug Administration. It would also require the state Health Care Authority to develop a website to inform people on opportunities to purchase prescription drugs from Canadian pharmacies.

In Week Six this bill passed the House by a vote of 56-42. It is now in the Senate Committee on Health and Long-Term Care.

SHB 1219 – AUTHORIZING A PRESCRIPTION DRUG PURCHASING CONSORTIUM

This bill would require the state Health Care Authority to adopt policies necessary for establishing a prescription drug purchasing consortium. The state-purchased health care programs would then (in most cases) purchase prescription drugs through the consortium for those prescription drugs that are purchased directly by the state, and those that are purchased through reimbursement of pharmacies.

In Week Six this bill was amended and passed by the House with a vote of 55-42.

It is now in the Senate Committee on Health & Long-term Care.

SSHB 1316/ SB 5470 – ALLOWING THE IMPORTATION OF CERTAIN PRESCRIPTION DRUGS FROM CANADIAN WHOLESALERS

This bill is similar to HB 1168, but is concerned with the purchase of prescription drugs from approved Canadian wholesalers. It asks that by 9/1/05, the state Pharmacy Board - in consultation with the Department of Health and the Health Care Authority- submit a waiver request to the federal Food and Drug Administration to authorize the state of Washington to license Canadian prescription drug wholesalers, thereby providing retail pharmacies licensed in Washington the opportunity to purchase prescription drugs from approved Canadian wholesalers and pass those savings on to consumers. It also asks that by 12/1/05, the state Pharmacy Board -in consultation with the Department of Health and the Health Care Authority-give a detailed implementation plan to the Governor and appropriate Committees of the Legislature to use to implement each component of the waiver under this act. (See also SB 6020.)

In Week Seven, the Senate bill got taken up in an Executive Session by the Senate Committee on Health & Long-Term Care.

In Week Six the House bill was much amended and a Second Substitute House Bill passed the House by a vote of 54-42. It is now in the Senate Cttee on Health & Long-Term Care.

HB 1220/ SB 5442 – ESTABLISHING A JOINT LEGISLATIVE AND EXECUTIVE TASK FORCE ON LONG-TERM CARE FINANCING & CHRONIC CARE MANGE’T

This bill would create a joint task force composed of key members of the Governor’s Cabinet and the Legislature. The joint task force will submit a series of reports and recommendations to the governor and appropriate committees of the legislature in 2006 and 2007.

In Week Seven, the Senate bill was voted DO PASS by the Senate Health & Long-Term Care Cttee. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

On Monday, 2/28 at 8:00 pm (NOTE THE HOUR) the House bill is one of 14 scheduled for Executive Session before the House Health Care Cttee. House Hearing Room A, O’Brien Bldg.

HB 1569/ SB 5698 – REGARDING QUALITY ASSURANCE IN BOARDING HOMES< NURSING HOMES, HOSPITALS, PEER REIEW ORGANIZATIONS, AND QUALITY IMPROVEMENT PLANS.

This bill would promote sharing of quality assurance information between boarding homes, nursing homes, coordinated quality improvement plans, peer review organizations, and hospitals to promote safe patient care and ensure consistency of care across organizations and practices.

In Week Five, the Senate bill got a Public Hearing before the Senate Committee on Health & Long-Term Care. Eligible for Executive Session.

On Monday, 2/28 at 8:00 pm (NOTE THE HOUR) the House bill is scheduled for Executive Session before the House Health Care Cttee. House Hearing Room A, O’Brien Bldg.

HB 1571/ SB 5569 – REVISING THE NURSING FACILITY PAYMENT SYSTEM.

This bill stems from issues related to Medicaid, a federal-state program in which roughly half the funds come from the state and the state has broad discretion in setting eligibility and funding criteria, in this case for nursing homes. There are about 12,000 Washington residents receiving long-term care in 220 certified nursing home facilities. As health care costs continue to rise, budgeting for programs dependent on Medicaid, like nursing homes, gets more difficult. All but two of cost components in nursing facility Medicaid payments are currently based on 1999 costs; this bill would require more frequent adjustments.

The House bill is now in the House Committee on Appropriations.

In Week Six, the Senate bill was voted DO PASS by the Senate Health & Long-Term Care Committee. It is now in the Senate Ways & Means Committee.

SB 5277 – REQUIRING PLANS THAT PROVIDE COVERAGE FOR PROSTHESES TO PROVIDE COVERAGE FOR HEARING AIDS.

In Week Four, this bill got a Public Hearing in the Senate Health & Long-Term Care Committee. Remains eligible for Executive Session.

CHILDREN

HB 1052/ SB 5047 – PREVENTION QUALITY CONTROL COUNCIL

This bill would create a prevention quality council to: 1) Identify state agencies operating or funding prevention programs; 2) Review research finding and recommendations; 3) Identify gaps in available research and make recommendations to the legislature for future research; 4) Certify evidence-based prevention programs for state funding; and 5) recommend legislation modifying duties of state agencies to achieve the purposes of this act. Relevant state agencies will submit biennial reports; describe their prevention programs, and the percentage of state funds being expended on evidence-based programs – among other things.

In Week One the Senate bill got a Public Hearing in the Senate Committee on Human Services & Corrections. Eligible for Executive Session.

In Week Five, the House bill got a Public Hearing in the House Children & Family Services Committee. Eligible for Executive Session.

HB 1097/S SB 5104 – KEEP KIDS SAFE LICENSE PLATE

Creates a “Keep Kids Safe” license plate to raise money for projects of the Washington Council for the Prevention of Child Abuse and Neglect.

In Week Six, the House bill had a Public Hearing in the House Transportation Committee and is now eligible for Executive Session.

In Week Seven, the Senate bill got an Executive Session in the Senate Transportation Committee where it was amended, and voted DO PASS. It was then referred to the Senate Rules Committee. It is now on the Senate Floor to be voted on.

HB 1178- ENSURING THE RIGHTS OF PARENTS TO MONITOR THE COMMUNICATIONS AND CONVERSATIONS OF THEIR MINOR CHILDREN

This bill would change state privacy laws to allow parents to monitor their minor children’s communications without legal restriction or penalty.

In Week Seven this bill got an Executive Session before the House Judiciary Committee. Outcome of Executive Session not available at this time.

HB 1278 - REGARDING THE INVESTIGATION OF CHILD ABUSE AND NEGLECT

This bill requires the Department of Social and Health Services to include in its investigation a review of any sibling records, whether the sibling resides in, or visits the home of, the child who was the basis of the complaint, or if there is an imminent risk of harm to the sibling.

In Week Four, this bill got a Public Hearing in the House Children & Family Services Committee. Eligible for Executive Session.

HB 1605 – PROTECTING CHILDREN FROM AREA WIDE SOIL CONTAMINATION

This bill finds that emissions from certain industrial practices have contributed to arsenic and lead soil contamination covering dispersed areas in the state. Seeks to establish through the relevant state departments an area wide soil contamination school and child care facility certification program for schools and child care facilities within area wide soil contamination zones to reduce the risk of exposure.

On Monday 2/28 at 8:00 am, this bill will get an Executive Session in the House Natural Resources, Ecology & Parks Committee. House Hearing Room D, in the O’Brien Building.

SHB 2029/ SB 5903 – REQUIRING THE DIRECTOR OF THE OFFICE OF PUBLIC DEFENSE TO OVERSEE AND MONITOR LEGAL REPRESENTATION OF PARENTS IN DEPENDENCY AND TERMINATION PROCEEDING

This bill means to enhance the quality of legal representation in dependency and termination hearings. Attorneys, and agencies providing representation shall comply with the following: 1) Meet caseload requirements for dependency and termination cases, in accordance with standards published by the Office of Public Defense; 2) Implement enhanced defense attorney practice standards published by the Office of Public Defense, including reasonable case preparation and the delivery of adequate client advice; and 3) Use investigative and expert services.

In Week Seven, the House bill got both a Public Hearing and Executive Session in the House Judiciary Committee, where it was amended and voted DO PASS.

In Week Seven, the Senate bill got both a Public Hearing and an Executive Session in the Senate Human Services & Correction Committee, where it was voted DO PASS. It is now in the Senate Ways & Means Committee.

HB 2039 – CHANGING PROVISIONS RELATING TO MENTAL HEALTH SERVICES FOR CHILDREN

This bill adds the phrase, “or are at risk of becoming,” to current language in the Community Mental Health statute, to allow services to be provided to children who are not yet acutely mentally ill, severely emotionally disturbed, or seriously disturbed.

In Week Seven, this bill got a Public Hearing in the House Children & Family Services Committee. Eligible for Executive Session.

HB 2068 – CREATING OPPORTUNITY FOR CHILDREN TO TESTIFY IN DISSOLUTION PROCEEDINGS

This bill provides that if the child wishes to testify regarding his or her preferences as to his or her residential schedule, the court shall allow the child to testify - unless the judge has good cause to believe it would not be in the best interests of the family to allow the child to do so.

On Wednesday 3/2, at 6:00 pm, this bill will get a Public Hearing in the House Juvenile Justice & Family Law Committee. House Hearing Room E, in the O’Brien Building.

HB 2181/SB 5311 - CREATING AN AUTISM TASK FORCE

This bill creates a task force to study and make recommendations to the legislature regarding the growing incidence of autism, and ways to improve the delivery and coordination of autism services. The task force will submit its findings to the Legislature and Governor by 12/06.

On Wednesday 3/2 at 8:00 am, the House Bill will get a Public Hearing in the House Children & Family Services Committee. House Hearing Room D, in the O’Brien Building.

On Wednesday 3/2 at 1:30 pm, the Senate bill will get a Public Hearing in the Senate Ways & Means Committee. Senate Hearing Room 4, in the Cherberg Building.

SSB 5081 – AUTHORIZING MONITORING OF A CHILD’S TELEPHONE CONVERSATIONS BY PARENT OR GUARDIAN

This bill would allow parents and guardians to legally monitor their children’s phone conversations.

In Week Seven, this bill was sent to the Senate Floor; it may be voted on soon.

SB 5125 - REDUCING HEAVY METALS IN CHILD USE AREA SOILS

This bill intends to create the safe playground soils program, through which technical and financial assistance will be provided by state and local health jurisdictions to the owner and operators of facilities having child use areas that may contain soil with elevated levels of heavy metals. This bill would also encourage testing of the soil in such areas, and require testing in geographic zones at higher risk of soil contamination.

In Week Seven, this bill got both a Public Hearing and an Executive Session in the Senate Ways & Means Committee, where it was voted DO PASS. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

SB 5188 - CREATING THE CHILDREN’S ENVIRONMENTAL HEALTH AND PROTECTION ADVISORY COUNCIL

This bill would establish a 15-member Children’s Environmental and Health Advisory Council.

It recognizes that children face many preventable exposures to environmental hazards in their schools, homes, and communities and may be at greater risk than adults. This is due both to their behaviors and to the immaturity of their body organs and immune systems. The bill recognizes that higher rates of poverty place children of ethnic and minority communities at greater risk for environmental exposures due to poor housing, poor nutrition, and limited access to health care.

In Week Two, this bill got a Public Hearing in the Senate Health & Long term Care Committee. Eligible for Executive Session.

SB 5189 - REDUCING CHILDHOOD LEAD EXPOSURE

This bill directs the Department of Health to implement a public health education program aimed at reducing childhood exposure to lead in residential settings. Continues efforts to identify areas around the state where lead exposure poses a threat, and requires a special focus on older housing stock, and lead-based paint. Directs the department to seek federal funding for the lead hazards project and releases the Department of this requirement if federal funds are not obtained.

In Week Two, this bill got a Public Hearing in the Senate Health & Long term Care Committee. Eligible for Executive Session.

SB 5269 - MAINTAINING THE RESIDENTIAL PARENTING PROGRAM AT THE WOMEN’S CORRECTIONAL CENTER

This bill requires the Department of Corrections to maintain a residential parenting program at its major correctional institution for women to allow eligible inmates to keep infants with them during their incarceration. The program shall provide an appropriate living situation for the infants, promote positive parenting skills, and facilitate transition back into the community

Referred to the Senate Human Services & Corrections Committee. No Hearing yet.

SSB 5308 - CHANGING PROVISIONS RELATING TO MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT

This bill expands reporting requirements. It provides that when any person - in his or her official supervisory capacity with a nonprofit or for-profit organization - has a reasonable cause to believe a child has suffered abuse or neglect caused by a person over whom s/he exercises supervisory authority, the incident must be reported to the proper law enforcement agency.

In Week Seven, this bill was sent to the Senate. It may be voted on soon.

SSB 5309 - REVISING DEFINITION OF “ABUSE OF A SUPERVISORY POSITION”

This bill expands a key definition. It provides that “abuse of a supervisory position” means a direct or indirect threat, or promise to use authority to the detriment or benefit of a minor, or the use of a significant relationship to obtain consent of a minor.

In Week Six this bill got an Executive Session in the Senate Human Service & Corrections Committee, where it was amended and voted DO PASS. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

SB 5350 – SHARED PARENTAL RESPONSIBILITY

This bill creates a presumption that (with few exceptions) shared parenting is in a child’s best interest when a parenting plan is being developed as part of a divorce proceeding. Domestic violence advocates are concerned because domestic violence victims are often not represented in family law situations, and there may be issues of potential future abuse in a shared parenting arrangement that may not be taken into account.

In Week Five, this bill got an Executive Session in the Senate Judiciary Committee.

It was not given a recommendation, and was referred to the Senate Human Services & Corrections Committee.

SSB 5633 – REVISING PROVISIONS RELATING RETENTION OF INFORMATION CONCERNING UNFOUNDED ALLEGATIONS OF CHILD ABUSE AND NEGLECT

This bill amends the time that the Department of Social and Health (DSHS) services can maintain files for unfounded referrals or reports of child abuse and neglect - from six years to one year. It also establishes that if DSHS does not comply, aggrieved persons

could institute proceedings in the Superior Court for the county in which the person lives in.

In Week Seven this bill got an Executive Session in the Senate Human Services & Correction Committee where it was amended and voted DO PASS. It is now in the Senate Rules Committee.

SB 5600 – ENCOURAGING EMPLOYERS TO BE INFANT FRIENDLY

This bill states that an employer, if requested by an employee, is encouraged to become infant-friendly. Existing law defines ‘infant-friendly’ (e.g. flexible work scheduling, privacy for breastfeeding, clean and safe water, etc).

In Week Six, this bill got a Public Hearing in the Senate Labor Commerce, Research and Development Committee. Eligible for Executive Session.

SSB 5872 – CREATING A DEPARTMENT OF FAMILY & CHILDREN

The original bill would have created a new government agency consisting of the current Childrens Administration and the Juvenile Rehabilitation Administration. That was rejected. Instead, a Substitute bill was passed which creates a seven-member task force to study the structure for a potential new department of family and children's services. The Study findings and recommendations are to be reported to the legislature in two parts, due 3/1/06 and 11/1/06.

In Week Seven, this bill got an Executive Session in the Senate Human Services & Corrections Committee. It was amended and voted DO PASS.

SB 5873 – REVISING THE DUTIES OF THE FAMILY AND CHILDREN’S OMBUDSMAN

This bill requires the ombudsman to assess individual casework of randomly chosen caseload carrying child protective services and child welfare services employees of the department of social and health services throughout the state. Casework reviewed must be from any currently open cases and cases closed within the last year. Assessment must address employee compliance with the full range of; policies, laws, risk assessment, and investigation. This bill also requires a similar assessment of supervisors. The Substitute bill includes a requirement that this Office “investigate” casework of CPS caseload carrying employees and supervisors, instead of “assessing” casework.

In Week Seven, this bill got an Executive Session in the Senate Human Services & Corrections Committee, and was voted DO PASS.

SB 5875 – CLARIFYING THE INTERESTS OF PARENTS AND ALLEGED FATHERS UNDER THE JUVENILE COURT ACT

This bill adds to the definition of “parent” one that means an individual who has established a parent-child relationship under the law, unless the legal rights of that person have been terminated by a judicial proceeding or the equivalent laws of another state or a federally recognized Indian tribe.

In Week Seven, this bill got an Executive Session in the Senate Human Services & Corrections Committee it was voted DO PASS. It is now in the Senate Rules Committee.

SB 5944 – REGARDING GRANDPARENT VISITATION

This bill establishes that grandparents can petition the court for visitation rights with the minor grandchild(ren).

Referred to the Senate Human Services & Corrections Committee.

SB 5996 - PROVIDING A PROCEDURE FOR COURT-ORDERED CONTACT WITH A CHILD FOR NON-PARENTS

This bill provides a procedure for court-ordered contact with a child for non-parents. It affirms that parents have a paramount right to raise their minor children. It recognizes the minor child’s interest in maintaining the strong emotional bonds with others that the child has developed and relies upon. It declares the intent to establish rigorous standards that must be met for a non-parent to obtain visitation with a minor child.

This bill was referred to the Senate Human Services & Corrections Committee.

CHILD WELFARE/CHILDRENS' ISSUES

SHB 1190/ SSB 5213 - SUPPORTING LONG TERM SUCCESS OF FAMILIES WITH CHILDREN BY REMOVING BARRIERS TO TEMPORARY ASSISTANCEFOR NEEDY FAMILIES AND THE WORKFIRST PROGRAM

This bill would allow the State to opt out of some of the federal restrictions to Temporary Assistance for Needy Families (TANF). Under these provisions, individuals who would have been ineligible to receive TANF benefits (through WorkFirst) because of a drug related felony conviction, or lack of drug assessment or treatment, would now be eligible for benefits.

On Tuesday 3/1 at 1:30 pm, the Senate bill will get a Public Hearing in the Senate Ways & Means Committee. Senate Hearing Room 4 in the Cherberg Building.

In Week Seven, the House bill got a Public Hearing in the House Appropriations Committee. Eligible for Executive Session.

SHB 1280 - EXTENDING THE KINSHIP CARE OVERSIGHT COMMITTEE

This bill extends the Kinship Care Oversight Committee and its duties.

This bill is now on the House calendar, ready to be voted on.

SHB 1281 - EXPANDING THOSE WHO CAN GIVE CONSENT FOR MEDICAL CARE FOR MINORS

This bill adds to the list of persons who may give informed consent to medical care for minors, and provides immunity to health care providers and facilities when they rely on a person claiming to be responsible for the care of a minor. This bill intends to assist children in the care of kin, and to help kinship caregivers access appropriate medical care for a child in their care.

This bill is now on the House calendar, ready to be voted on.

HB 1391 – ESTABLISHING A WORK GROUP TO STUDY SERVICES AND PROGRAMS FOR CHILDREN

This bill directs the Department of Social and Health Services to establish a work group to study the regulation of services and programs for children provided by licensed childcare providers and programs provided by local governments across the state.

In Week Four this bill got a Public Hearing in House Children & Family Services Cttee.

HB 1403/ SB 5053 – AUTHORIZING SERVICE BY PUBLICATION IN ACTIONS TO ESTABLISH OR MODIFY PARENTING PLANS FOR LEGAL SEPARATION OR INVALIDITY OF MARRIAGE, AND FOR NON-PARENTAL CUSTODY

This bill concerns the publication of actions to modify or establish parenting plans in cases of legal separation, invalidity of a marriage, and for non-parental custody cases.

The Senate bill is now on the Senate calendar, ready for Floor Action.

The House bill is now on the House calendar, ready for Floor Action

SHB 1426/ SB 5407 -ESTABLISHING AN INTERAGENCY PLAN FOR CHILDREN OF INCARCERATED PARENTS

This bill creates an interagency plan to coordinate and expand existing services for these families to improve the well-being of children of incarcerated parents, over both the short and long term.

The House bill is now on the House calendar, ready for Floor Action

In Week Seven, the Senate bill was referred to the House Children & Family Services Committee.

SHB 1467 – REQUIRING MANDATORY REPORTING OF ABUSE OR NEGLECT OF A CHILD WHEN DISCOVERED BY A PERSON CONNECTED WITH SPECIFIED NON-PROFIT ENTITIES.

This bill is very similar to SB 5308, however it only includes a person who is an employee, contractor, or volunteer of a nonprofit. (SB 5308 includes both for-profits and non-profits.)

In Week Four, this bill was amended, and the Substitute House Bill was voted DO PASS in an Executive Session in the House Juvenile Justice and Family Law Committee.

It is now in the House Rules Committee waiting to be brought to the House Floor.

SHB 1482 – REVISING PROVISIONS ON CHILD ABUSE AND NEGLECT

This bill modifies the statutory definitions of abuse or neglect, and negligent treatment or maltreatment; it modifies language around the Department of Social and Health Services’ duty to investigate reports of child abuse and neglect. Additionally, if (following an investigation) the child’s parents, guardian, or legal custodians volunteer to address the concerns raised by the investigation, e.g., through participation in needed services and treatment, the Department may agree to let the child remain in the home. If the parents refuse to accept - or fail to obtain - appropriate treatment or services, the Department may initiate a dependency proceeding.

In Week Six, this bill had an Executive Session in the House Children & Families Cttee, where it was amended and voted DO PASS. It is now in the House Appropriations Committee.

SHB 1663 – CREATING THE PREVENTION AND INTERVENTION INVESTMENT COUNCIL

This bill creates a council to direct and support the following: (1) The investment of state resources in evidence-based prevention and intervention programs in the state; and (2) ongoing research and evaluation of sound, theory-based prevention and intervention programs - with the goal of expanding the number and type of available evidence-based programs.

On Monday 2/28 at 3:30 pm, this bill will get a Public Hearing in the House Appropriations Committee. House Hearing Room A in the O’Brien Building.

HB 2030/SSB 6008 – REVISING PROVISIONS RELATING TO GUARDIANSHIP OF DEPENDENT CHILDREN

This bill creates a Juvenile Guardianship Legal Option for dependent children. The current dependency guardianship option would be eliminated.

On Monday 2/28 at 1:30 pm, this bill will get an Executive Session in the House Children & Family Services Committee. House Hearing Room D, in the O’Brien Building.

In Week Seven , the Senate bill got both a Public Hearing and an Executive Session in the Senate Human Services & Corrections Committee, where it was amended and vote DO PASS. It is now in the Senate Rules Committee.

HB 2119 – PRIVATIZING CHILD SUPPORT ENFORCEMENT

This bill will allow for the privatization of the collection of child support.

This bill was referred to the House Juvenile Justice & Family Law Committee.

HB 2156 – REGARDING DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS

This bill would limit the time a parent may be given to correct his or her parental deficiencies and that a parent must not be given repeated opportunities at the expense of the safety and stability of the child.

On Tuesday 3/1 at 6 pm, this bill will get a Public Hearing in the House Children & Family Services Committee. House Hearing Room D in the O’Brien Building.

SSB 5666 – REGARDING INFORMATION SHARING IN CHILD DEPENDENCY CASES

In order to aid in the prevention of tragic deaths of children in the child welfare system, those responsible for making placement decision in cases of child abuse or neglect should have the relevant evidence available to them to aid them in making placement decisions that will best protect the safety and welfare of the child.

In Week Seven, this bill got an Executive Session in the Senate Human Services & Corrections Committee, where it was amended and voted DO PASS. It is now in the Senate Rules Committee, waiting to be scheduled for Floor Action.

SB 5880 – REGISTERING PRIVATE YOUTH COACHES

This bill would provide registration of youth coaches, including declaration of age, criminal background, and the applicant’s fingerprints. The bill also provides for penalties for conducting - or providing - private youth coaching without registration, and for lying to obtain registration.

On Tuesday 3/1 at 8:30 am, this bill will get a Public Hearing in the Senate Labor, Commerce, Research & Development Committee. Senate Hearing Room 4, Cherberg Building.

SB 5922 – CHANGING PROCEDURES FOR INVESTIGATION OF CHILD ABUSE OR NEGLECT

This bill provides that the training of child protective workers shall include, but is not limited to, the worker's legal duties to protect the rights of a child, and the child's family member, throughout the child and family member's period of involvement with the Department. The curriculum used for the training shall specifically include instruction on the fourth amendment to the Constitution of the United States, and parents' legal rights.

In Week Seven, this bill got both a Public Hearing an Executive Session in the Senate Human Services and Corrections. Results not available at this time.

SB 6007 - INCREASING CHILD SAFETY BY REQUIRING TRANSITION SERVICES IN CHILD PLACEMENT MATTERS.

This bill would require that termination of parental rights must be filed when children are removed and returned to their parents more than three times. It provides for intervention by the court and fines and penalties if the department fails to comply.

This bill was referred to the Senate Human Services & Corrections Committee.

DISABILITIES

HB 1040 – REGARDING THE OPERATION OF HABILITATION CENTERS.

This bill proposes the closure of Fircrest, a state-run institution for people with

developmental disabilities.

Referred to the House Committee on Children & Family Services. No hearing scheduled.

HB 1107/SB 5141 – PROVIDING FOR EARLY INTERVENTION SERVICES FOR CHILDREN WITH DISABILITIES .

This bill would require school districts to provide for early intervention services to all eligible children with disabilities from birth to three years of age, and establish a birth-to-three task force to make recommendations to the Governor and Superintendent of Public Instruction for policies, procedures, and regulations for a statewide comprehensive system for all eligible children.

In Week Four , the House bill went to Executive Session, and was voted Do Pass by the House Cttee on Children & Family Services. It is now in the House Appropriations Committee.

In Week Six, the Senate bill was voted DO PASS by the Senate Cttee on Early Learning, K-12, and Higher Education. It is now in the Senate Ways & Means Committee.

HB 1122 – PROVIDING FOR TRAINING TEACHERS FOR THE DEAF.

This bill would provide an incentive for institutions of higher education to develop curricula, design education and training programs, and use innovative service delivery models for teachers of the deaf and hard of hearing.

In Week Six, this bill got a Public Hearing in the House Committee on Appropriations. House Hearing Room A, O’Brien Building. Eligible for Executive Session.

HB 1328 / SB 5192– ESTABLISHING THE COMPOSITION AND JURISDICTION OF CITY AND COUNTY DISABILITY BOARDS.

In Week Six, the House bill went on the House Floor Suspension Calendar, to be voted on.

On Tuesday, 3/1 at 1:30 pm, the Senate bill will get a Public Hearing before the Senate Ways & Means Committee. Senate Hearing Room 4, Cherberg Building.

HB 1416 – EXPANDING THE RESPONSIBILITIES OF THE CASELOAD FORECAST COUNCIL

Unlike other services within the Department of Social & Health Services, developmental disability programs are not included in the state's caseload forecast. This affects the ability to plan for changes and trends in caseload growth and understates the unmet need for services that are preventative, community-based and cost efficient.

Referred to the House Committee on Appropriations. No hearing scheduled yet.

HB 1519 – CREATING A DEVELOPMENTAL DISABILITIES COMMUNITY TRUST ACCOUNT

This bill directs that proceeds from the sale or leasing of excess Residential Habilitation Center (RHC) property at Rainier, Yakima and Lakeland Village. This bill is NOT related to Fircrest, and does not have any impact on current RHC operations, or the clients at any of the state's five institutions for people with developmental disabilities.

Note: there is a second House bill – HB1791 - with a similar purpose, though it is limited only to proceeds from leasing; it was voted DO PASS in Executive Session in Week Seven. It is now in the House Rules Committee, waiting to be scheduled for Floor Action.

And there is a similar, though not identical, Senate bill – SB 5702 – in Week Sevenitgot a Public Hearing before the Senate Ways & Means Committee. All three bills have the same goal – to maximize unused property at three of the state’s institutions and use the proceeds to benefit people in their homes and communities.

An Executive Session scheduled for HB 1519 in Week Seven before the House Capital Budget Committee did not occur. Needs to be re-scheduled.

HB 1587/ SB 5680 – REGARDING CAPITAL FACILITIES AT THE RAINIER SCHOOL.

This bill would remove Washington State University’s control over the Rainier property and leave it under the ownership of the Department of Social and Health Services.

In Week Seven, the House bill was voted DO PASS in Executive Session by the House Capital Budget Cttee. It is now in House Rules Cttee, waiting to be scheduled for Floor Action.

In Week Seven, the Senate bill got a Public Hearing before the Senate Ways & Means Committee.

HB 2181/ SB 5311 – CREATING AN AUTISM TASK FORCE

This bill would establish the Caring for Washington Children with Autism Task Force to study and make recommendations to the legislature regarding the growing incidence of autism and ways to improve the delivery and coordination of autism services in the state.

On Wednesday, 3/2 at 8:00 am, the House bill will get a Public Hearing in the House Committee on Children & Family Services. House Hearing Room D, O’Brien Building.

On Wednesday, 3/2 at 1:30 pm, the Senate bill will get a Public Hearing in the Senate Ways & Means Committee. Senate Hearing Room 4, Cherberg Building.

SSB 5349 – CREATING A DYSLEXIA READING INSTRUCTION PILOT PROGRAM

This bill is concerned with early identification and treatment (including proper diagnosis, appropriate instruction, etc) as the key to helping dyslexics succeed in school and life. It requires (but only if funds are available) the Joint Legislative Audit and Review Committee - JLARC, to conduct a study on the effectiveness of the identification of students with dyslexia and the effectiveness of the educational services received by students with dyslexia.

In Week Six, this bill was taken up in Executive Session and voted DO PASS by the Senate Committee on Early Learning, K-12, and Higher Education. It is now in the Senate Ways & Means Committee.

HEALTH CARE

HB 1109 – MODIFYING DESIGNATED SMOKING AREA REQUIREMENTS

This bill provides that persons under eighteen are not allowed in the designated smoking area of a bar, tavern, bowling alley, or restaurant, and that employers be required to disclose to a prospective employee that all or a part of the place where the employee would work is a designated smoking area.

Referred to the House Health Care Committee. No hearing scheduled yet.

HB 1123/ SSB 5029 – REQUIRING SAFE DRINKING WATER IN SCHOOLS.

This bill would require standards for safe drinking water, and for the testing of school water supplies. A report would be made to the legislature biennially, beginning 12/1/07, with any recommendations for legislation that would improve compliance with, or facilitate the enforcement or achievement of, school safe drinking water standards and enforcement.

In Week Five the Senate bill was amended in Executive Session. A Substitute Senate bill was voted DO PASS by the Senate Committee on Water, Energy and Environment. It is now in the Senate Ways & Means Committee.

In Week Five, the House bill got a Public Hearing in the House Health Care Committee. Eligible for Executive Session.

HB 1137/ SB 5248 – MODIFYING THE SCOPE OF CARE PROVIDED BY PHYSICAL THERAPISTS

This bill intends that only individuals who meet prescribed standards of competence and conduct should be allowed to engage in the practice of physical therapy.

In Week Three, the Senate bill got a Public Hearing in the Senate Committee on Health & Long-Term Care. Eligible for Executive Session.

In Week Six, the House bill was sent to the House Floor for Second Reading

It is now waiting for a Floor vote.

HB 1166 – INCLUDING ACCESS TO FAMILY PLANNING SERVICES IN GROWTH MANAGEMENT PLANNING

Referred to the House Committee on Local Government. No hearing scheduled yet.

Prescription Drugs

By now these four prescription drug bills have passed the Full House and been sent to the Senate, in some cases after being amended on the House Floor.