Welcome to Policy Watch 2005

WEEK 13

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 Twelve - THE SCENE

Just two weeks remain of the 2005 Legislative Session.

Describing these last few weeks requires very few words. First, there are Floor votes occupying legislators most of every day, on bills that made it this far. And second, there is the budget. Once the House announced its version of the Budget on Wednesday, and passed it late Friday night, that meant all three budgets (Governor, Senate and House) are now in play. There is already talk of adjourning early!

Meanwhile, in Week Thirteen, if you walked past the House and Senate Committee hearing rooms you’d think you’d wandered into a ghost town: the rooms are mostly empty (an occasional visitor can be spotted, taking a nap in the now-empty rooms), as are the corridors outside that were packed with people just a week earlier. But walk over to the Capitol Building, and up to the third floor outside the House and Senate Chambers, and you’d find the action: regular lobbyists, ordinary citizens (though many fewer of them), school groups, and staff.

It’s worth reminding ourselves that we continue to have opportunities to influence what happens to bills we care about – even when our legislators are cooped up for most of every day on the House and Senate Floors. Last Fall much was made of the need to register and vote. Well, now those people we voted for are in office. It’s time to hold them accountable and to make our form of government -- Representative Democracy – work. That means we have to tell our elected representatives how we wish to be represented. Smart as they are, they cannot read our minds.

THE PROCESS

Getting Attention During Floor Votes

On low tables just outside each Chamber are message pads for sending messages to legislators while they are on the Floor. They’re marked “North Door” or “South Door” (Democrats use one entrance, Republicans the other) so the legislator can tell where the constituent will be waiting. People who come to Olympia in the hope of catching a legislator’s attention about some up-coming votes stand outside the Chamber doors, having sent in a message asking their Senator or Representative to step out from the Floor for a short conversation.

The message pads are very efficient. They have spaces for the name of the legislator, the date/time of the message, the visitor’s name and organization, their contact information (if they choose to give it), and the message. Many of those who write on one of these message pads not only ask for a chance to talk, they mention the bill and how they hope the legislator will vote – just in case there isn’t any time for conversation.

Sometimes the legislators cannot leave the Floor, but they’ll scribble a brief response and send the note back out. (The late Senator Cal Anderson was famous for the courtesy he showed everyone, including the fact that he tried to write a response to EVERY message he received on the Floor when there was no time to step outside.) Other times they’ll appear at the door, holding up the note and looking for the writer. If it’s a stranger, they may call out a name, or ask those hovering around the door if anyone knows Mr/s ______.

One visitor this week commented that from the Gallery, it often appeared as though the legislators were hardly paying attention. Unless you have a little background, she noted, the appearance can be misleading. To a newcomer it appears as though the legislators barely pay attention. They carry on conversations… appear briefly to say AYE or NAY before disappearing… read papers... scan messages on their laptops. It helps to understand that they have very likely heard the pros-and-cons for any given bill several times already – in Committee or with their colleagues. They probably will have talked about it in their Republican or Democrat caucus. And if it is at all controversial they will have discussed the bill and its amendments many times with constituents who are likely to be affected by it. The discussion just before a vote – especially near the end of the Session - is not the first or only time they’ve heard about it.

Other Options.

But many constituents are unable to come to the Capitol itself, so they need other ways to be heard. Some send their messages via mail or email, from home. And as any visitor to the House or Senate Gallery would attest, a growing number of legislators bring their laptops with them to the Floor. Those that get their emails directly, or who’ve asked to have HOTLINE messages routed directly to them (in addition to staff), are able to read constituent messages even while debate and votes are swirling all around them. Or, constituents may phone the office and urge the legislative aide to “PLEASE, be sure to tell the legislator that I really care about….” Or, still others may talk about an issue with a group they belong to back in the legislator’s District, and then take five minutes so everyone present can write a brief note – that one of the group hand-delivers during a visit to Olympia.

Bottom line: as people living in a Representative Democracy we need to speak up. We’re down to the wire now. All that is left is Floor votes for the bills that survived, about a week to resolve any differences between House and Senate versions of a bill, and -- of course – the BUDGET.

(NOTE: See the new section on BUDGET for basic information on the available budgets; also see “Budget Item” notes at the end of each section for particulars.)

What happens next?

Right now we’re witnessing the final steps in two critical processes for bills and budgets .

First, there is the process by which a bill becomes a law . It is common for the bills that survive to have been amended – first in their “house of origin” and then again when it gets to the “opposite house.” But to become law, a bill must be passed in identical form by a majority vote in both the House and the Senate.

That happens in several ways. Either the bill goes back to its house of origin, and that body agrees to accept the changes made in the opposite house. Or, the opposite house agrees to drop its changes, effectively giving up its amendments. Or, a few key members from each body meet together to reconcile the differences between the two versions and negotiate a compromise - which is then brought back for a vote by both bodies.

Whatever the method, bills must win a majority vote in both the House and the Senate in identical form. So, many bills in this week’s PW will have some sort of notation to the effect that if the other body “accepts the bill as passed” (i.e., accepts the amendments made by the other body), or, “once the two versions are reconciled…” the bill will go to the Governor. That almost always happens – and at this time in the process it usually happens very quickly. But good advocates never take anything for granted. Until the bills you care about have been signed by both the President of the Senate and the Speaker of the House (a sign that they have passed both bodies in identical form), they cannot go to the Governor, and you cannot rest.

April 15 marks the last “Cut-off :” the time when Floor Action ends for bills . Any bills that have not yet won a 51% vote on the Floor of the “opposite house” by that date are REALLY dead. Then just ten days remain to resolve any differences, tie up any loose ends, and agree on a budget for the next two years.

Which brings us to the other critical process: passing a state budget. This is the one thing the legislature MUST do. It could adjourn without passing any bills, but it cannot adjourn without passing a budget.

As readers will quickly see from the specific items, every budget has good points and bad, things to like and things to deplore. For legislators and constituents alike, every budget involves trade-offs, and when there are deficits - every choice is hard. Plus, no one wants to pay more taxes, but everyone wants better state services – and there are plenty of people ready to reduce a complex document like the state budget (3 volumes and roughly 500 pages) to a couple of flip comments that ignore the agonizing choices and hard thinking involved.

That said, it is also true that at this time in the process the possibilities narrow. Just to take one highly visible example, we all know that every time a child dies who is in state care there are demands for more child welfare workers, more home visits, more training for foster parents and child welfare workers, more support for natural and adoptive parents, better accountability, better management, more and better of … everything.

But each of those predictable calls for reform also involves money – and there’s the rub. This year the state also faces a clear directive from the Courts: we are court-ordered to reform our child welfare system. People from across the state participated in an extensive process to design a solid, budget-conscious, plan. Called Kids Come First, it would cost about $50 million - $35 million in state dollars, $15 million in federal dollars – just for the basics, to save kids’ lives.

Remember that when you see that the high-water-mark in the current budget negotiations is $13 million in new funding for child welfare reforms (the other two budgets offer $3.8 and $9.8 respectively). Remember that the next time you hear anyone insist we don’t need any new revenues, or that we are passing a responsible budget by avoiding all but a small amount in new revenues. And remember that the next time you read that another child has died while in our under-funded, under-resourced system of state child welfare. Public budgets are never just about somebody else; like it or not, in our representative democracy - they are about us.

TWO PRACTICAL TIPS: The first tip is the same as last week: if there is a service or activity you care about that is likely to be affected by the budget, be sure to let the Governor, your Senator, and both your Representatives know. The Senate and House versions of the budget have been adopted by those bodies, and final decisions are only days away. Call the Hot-line: 1-800-562-6000 to convey your wishes. Your message can be as brief as: “…please vote to retain/cut ______ in the budget. Thank you.”

The second tip is to be sure to let the Governor know which bills you care about. Remember that the Governor can sign a bill into law; can veto a bill – which means it does not become law; or she can decide on a “partial veto.” Our Governor cannot veto just a single word, phrase, or number, but she can veto an entire section of a bill. So be sure to pay close attention to any sections of bills that might be controversial, and above all be sure the Governor knows if you want a bill signed or vetoed. At this point the Governor’s support is critical.

DON’T FORGET: It only takes one version of a bill to pass. If there were both House and Senate bills, and one is dead – focus on the one that is still alive. That’s your vehicle. If a bill you care about is still alive, the Governor, your Senator, and both your Representatives can be reached in one brief message, left with a friendly operator at (got it memorized by now?) the Toll-Free Hot-Line:1-800-562-6000.

SNAPSHOTS.

** Pages are high school students who spend a week running errands, carrying messages, and generally helping out in Olympia, while also learning a lot about the legislative process. As part of their week they attend “page school” where they develop a bill and design a poster to win support for their bill. Among the bills/posters developed this year the topics were mostly predictable: e.g., for accurate sex education, don’t smoke, wear helmets, we need more SLEEP (start school later). One poster had a more cryptic message: No More Pickles. Hmmmm.

** A legislative intern remarked on one of the more notable letters received this week. It read very simply: “Raise MY taxes; don’t cut social programs.”

** Item from a nearby state. A California Food Bank is about to get a former State Senator as its new Director. It seems she was so moved by the stories people told when they came to the Capitol on Hunger Action Days, that when the food bank job opened up, she decided to apply. She wants to put her knowledge of the political process to work for hungry people, and all because some of those directly affected – and their advocates – spoke up.

** These days when both the House and Senate spend all day (and some evenings) voting on bill after bill after bill…, the desks of most Senators look like the desks of a lot of us: full of piles of papers, that seem to grow by the minute.

** One of the Senators who voted with the “other party” to kill a controversial bill is also a senior legislator with key bills of his own coming to a vote. Asked about a rumor that other legislators would retaliate by voting against his bills, some seasoned lobbyists shook their heads and immediately said: “No. They may think about it, but ultimately, they vote for bills they think are good, and against bills they think are bad – they don’t retaliate that way.”

** Spotted among the jumble of things seen in the tunnel between the House and Senate office buildings: one grocery cart. Makes one wonder how that happened.

** More Olympia Jargon: When there are several bills on a similar topic, you’ll sometimes hear that one of them has become “the vehicle.” That simply means that one bill is thought to have the best chances: it becomes the focus of attention, gets the most time in Committee and/or on the Floor, and – usually – best reflects the compromises needed for consensus on the prickly details. Ultimately, that’s also the bill most likely to get to the Governor for signature.

** Gender Watch: Laws are written and passed by the legislature, but they get interpreted by the Courts. This year the nine State Supreme Court justices include four women, five men.

NOTE: POLICY WATCH no longer lists bills that “appear DEAD” unless that information is new, or the bill appears dead but supporters are working to keep it alive (e.g., by amending its contents onto another bill, or including it as part of the budget process). But time is running out. If there is a bill you care about, check with an advocacy group working on that issue for the most current information. (Part III of every PW lists advocacy groups and how to contact them.)

PART III - SOME ISSUES

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

Aging/Long-Term Care
Budget
Children
Child Welfare
Disabilities
Health Care
Housing/Homelessness
Hunger and Nutrition
Income Supports/Welfare
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.

AGING/LONG-TERM CARE

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.

Both the House and Senate bills appear DEAD – but the issue has a chance of survival as a Budget Proviso. (See Budget Items at the end of this section.)

Prescription Drugs

Some of these prescription drug bills are still alive - in some cases after being amended again.

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 Thirteen , this bill (now Second Substitute House Bill) was sent out of the Rules Committee. It is now on the Senate Floor, and could be voted on at any time.

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.

This bill did not make the cut-off; it now appears DEAD.

SHB 1219/ SB 5471 – 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 Thirteen, the Senate bill won a vote of 56-42 on the House Floor, and was later accepted and signed by the Senate President. It will go soon to the Governor for signature.

2ndSHB 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 Thirteen , the Senate bill won a vote of 76-19 on the House Floor. It must be accepted by the House, and then go to the Governor for signature.

HB 1677/ SB 5558 – ESTABLISHING A PRESCRIPTION DRUG ASSISTANCE FOUNDATION

Some pharmaceutical manufacturers have developed prescription drug assistance programs to provide free or low cost drugs to those unable to afford them, but applicants are often required to apply multiple times during a year, and wait while the application is processed. These factors can present significant barriers to the use of these programs by those who need them. In some states, non-profit organizations have been created to streamline and reduce variations in these assistance programs. This bill would require the Health Care Authority to establish a nonprofit foundation in Washington, to assist uninsured individuals obtain free or low cost prescription drugs if their income is below 300 percent of the federal poverty level. A five-member board of directors will be appointed by the Governor. An amendment bans the use of state general fund money for the on-going operation of the foundation.

In Week Thirteen, the Senate bill won a vote of 94-0 on the House Floor. If accepted by the House, it goes soon to the Governor.

2SHB 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 Thirteen, the House bill won a vote of 43-0 on the Senate Floor. If accepted by the House as passed, it goes next to the Governor for signature.

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 Thirteen, the House bill won a vote of 41-0 on the Senate Floor. Once accepted by the House in its current form, it goes next to the Governor for signature.

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. (See also HB 1041 – REVISING THE NURSING FACILITY MEDICAID PAYMENT SYSTEM.)

Both bills appear DEAD, but the issue remains alive because it may be considered “necessary for the budget.”

Budget Items:

Advocates for aged and disabled senior citizens are seeking $14.4 million over the next two years for a variety services to the frail elderly (e.g., to increase Adult Day Health payments, expand the Dementia Care Boarding Home pilot, increase support for the Long Term Care Ombudsman, increase the Personal Needs Allowance for people in nursing facilities, increase the Respite Care and Senior Citizens Services Act Programs) and to maintain the Personal Care Program.

The Governor’s Budget does not include any of these items, and would cut $12 million from the Personal Care Services program (and forego an additional $12 million in federal matching funds), causing 1,800 to lose services. On the plus side, it would fund a study of long-term care financing, and give small (1.5%, 2%) increases in boarding/adult family home rates.

The Senate Budget also would cut Home, or Personal Care Services (e.g., help with toileting, bathing, eating, etc) by over $10 million.

The House Budget would increase the Dementia Care Pilot by 150 people, and provide funding for the additional staff, and fund the Home Care ADL (cut in the Governor's budget).

The Governor’s Budget would also save $26.7 million through a Nursing Home Rate Reduction. (Not spending state dollars for this purpose also foregoes matching federal funds.)
This item limits growth in the statewide average nursing home daily rate by setting the rate at $145.15 for both fiscal years of the 2005-07 Biennium. Current statewide averages are below this level. Rates paid to nursing home facilities will not be reduced as long as the statewide average remains below the legislated level set by this item.

The Senate Budget includes some items sought by long-term care advocates, e.g.:

- An increase of $572,000 to support a small vendor increase in Adult Day Services (1.2% and 1.7% in the next two years).

- An increase of about $140,000 to support the Ombudsman program.

- It rejects the severe cuts proposed in the Medicaid Personal Care program.

- It rejects a proposed reduction in the care of Medicaid-sponsored people in nursing homes, and instead provides a small rate increase.

- It recommends a smaller reduction in the Enteral Nutrition Program – products like liquid high nutrient formula - (downfrom 30% to 17%).

- It adds $3.6 million for Volunteer CHORE Services.

However the Senate Budget would also require a $3 co-pay for each prescription drug and $1 co-pay for travel to medical appointments for an estimated 100,000 people who are elderly and disabled, and get health care through Medicaid.

The House Budget represents both good news and bad, compared with the other budgets.

* It would provide $1.3 million to increase the Personal Needs Allowance of people in publicly financed care. Currently just $41.62 per month, the House proposes to raise it by $10 per month. That may not seem like much but it would be the first increase since 1988, and a 24% increase from current levels.

* Like the Senate, it would add $3.6 million for Volunteer CHORE Services.

* It provides a nominal rate increase for Adult Day Services Providers (1% each year).

* It provides no increase for the Ombudsman Program.

* It proposes Nursing Home Rates slightly lower than the Senate (but more generous than the Governor).

* It includes a $3 co-pay for Medicaidprescriptions, a $1 co-pay for medical transport.

* It would reduce funding for Enteral Nutrition and Durable Medical Equipment (DME).

* If the final version retains a proposed $5.6 million cut in the Case Management Services

provided by the Area Agencies on Aging (AAA), this would concern advocates for the elderly.

BUDGET

The Governor’s budget is available (for highlights, the entire budget, or just details for specific agencies) at: http://www.ofm.wa.gov/budget/ to find as much or as little as meets your needs.

The Senate budget (ESSB 6090) is available at the Senate Ways & Means Committee website (though it does not offer any brief narrative summary).

The House worked from the Senate Budget (ESSB 6090) and substituted its own preferences. Links to it are posted on the Appropriations Committee website.

HB 2297/ SB 6090 - The Governor’s Proposed Biennial (Two Year) Budget - 2005-2007

In getting ready to vote on the state’s operating budget for the next two years, legislators will have three versions to draw from. The Governor’s came out early in Week Eleven; the Senate version came out in Week Twelve; and the House version is expected in Week Thirteen. (This report only touches on items affecting health, human services, and overall revenues; it does not include budget items related to public safety, natural resources, economic development, etc.)

The broad outline is that we have a two-year budget totaling almost $26 billion, with a $1.5-1.6 billion deficit. By law, the legislature is required to produce a balanced budget – which means they have to find ways to either raise more revenues, or cut current activities, or agree on some combination of the two.

This is what Governor Gregoire would do.

The Governor would realize $1.4 billion in: program cuts, staff reductions, and funding shifts. She would raise $203 million in new revenues.

Among the changes proposed by the Governor to deal with the deficit: Cigarette taxes would be raised by .20/pack to generate $73 million; $129 million would be raised by partially restoring the recently-eliminated state estate tax; $66 million would be saved by eliminating 1,000 state jobs; $36 million would be saved through sentencing reforms; $82 million would come from cuts in health and human services; $524 million comes from changes/deferrals in payments to the state pension system; $100 million would become available by shifting funds from a “working capitol fund.” Some of these proposed changes are one-time changes, not available again in the future.

Among items regarded as good news by human services advocates, the Governor’s budget:

Includes some additional funding for higher education (6,600 enrollment slots and basic adult education, plus modest expansions of campuses and financial aid).
Includes additional money for K-12 education: $138 million to help reduce classroom size, $139 million to increase teacher salaries, $92 million for special education and high school students.
Restores $80 million in lost federal funding for mental health services.
Adds $8.6 million for health care, including increased Medicaid enrollment, adding 26,000 children to Medicaid, restoring coverage for 16,700 children of immigrants, and maintaining enrollment for poor adults in the Basic Health Plan.
Provides $33 million for a small cost-of-living increase for those providing 24-hour care to vulnerable people (e.g., some foster care, residential care, crisis intervention).
Adds $17.4 million in increased funding for alcohol and drug abuse treatment.

Among items regarded by human services advocates as bad news, the budget:

Saves $18 million by cutting 3,700 elderly and disabled individuals from modest grants ($339/month) under General Assistance for the Unemployable (GAU).
Saves $21 million by making it more difficult for about 2,000 elderly and disabled people to qualify for in-home care.
Fails to address the childcare, support services, and training for people in the WorkFirst program which are threatened due to a $65 million welfare funding shortage.
Fails to increase child care subsidy rates (currently among the lowest in the nation, paying just 26% of actual costs).
Saves $7.2 million by eliminating the Readiness-To-Learn program for at-risk children.

(Additional specifics may be found at the end of each section of POLICY WATCH.)

From the perspective of the health and human services community, the Governor’s budget is a mixed proposition: including funding for many things they support – though not always to the extent desired – and raising some additional revenues to avoid some of the deepest cuts. At the same time the revenues raised are modest, and thus a number of services important to very vulnerable people remain marked for cuts.

What the Senate would do – some highlights.

The Senate passed its budget on a mostly party-line vote. It would raise $482 million in new revenues and use the additional resources to avoid some of the choices made by the Governor – e.g., deferring payments to the state pension system. Like the Governor, the Senate would raise taxes on cigarettes (80 cents/pack) and restore a version of the state Estate Tax (exempting the first $1.5 million now, $2 million later). The Senate would also increase the taxes on liquor, and cover some additional items (e.g., a tax on canned meat producers was restored). The revenue increases will require passage of separate tax bills later.

The Senate budget provides modest pay raises for state employees (3.2% this year, 1.6% in 2006), public school teachers, and college employees; there are also some modest increases for service providers. Like the Governor, they would pay for smaller class sizes in public schools, increase college enrollments (by 8,100 slots in the Senate version), and generally boost spending for education. The Senate budget also puts additional funds into health care.

And, as specific examples noted throughout this week’s PW attest, like the Governor’s budget, the Senate budget also offers health and human services advocates with cause for both relief (e.g., when services to vulnerable people are protected) and concern (e.g., when they are cut).

What the House would do – some highlights.

The House Budget passed late Friday night (4/8) on a party-line vote of 55-41. It has many of the same basic features of the other two budgets: no across-the-board tax increases, modest additions for a few popular issues (e.g., education, services to the elderly, health care).

The House budget proposes to raise about $476 million in assorted taxes and revenues (e.g. .60 more on a pack of cigarettes, .50 more on a liter of liquor, restoration of the state estate tax (after exempting the first $2 million and all family farms from taxes).

It would use some of the additional revenues to fund 10,000 higher education slots, shore up the Basic Health Plan and children’s health insurance program, provide funding for rural doctors, raise teachers’ pay, and reduce K-8 classroom size. But it too would cut GAU by $18 million.

CAUTION: at this writing the final details of the House-passed budget were not readily available. Please check with an advocacy group, the daily newspaper of your choice, or the House Appropriations Committee to learn the final details of the version actually passed by the House – not just proposed. Several groups have issued comparisons (e.g., the Childrens Budget Coalition, Statewide Poverty Action/Citizen Action/Washington Association of Churches, et al).

Other Voices

Because they are in the minority in both Houses this year, a different approach favored by Republicans – one that does not include any tax or other revenue raises - did not pass. In Week Thirteen some Senate Republicans laid out another way to fill the budget gap and write the 2005-2007 state budget. For example, they would fill the deficit by cutting state employment by an additional 3%, contract out more of the activities currently handled by state employees, charge Medicaid premiums, require more frequent reviews of child health eligibility, and limit the length of support to people with disabilities. Some House Republicans would go even farther, e.g., by eliminating the program of General Assistance for the Unemployed (GAU), not restoring the estate tax at any level, and reducing state payrolls still further.

Federal Budget Plays An Important Role

At the same time that our attention is turned to the State Budget, our U.S. Senators and Representatives are trying to agree on Budget Resolutions affecting the Federal Budget. The process in Washington, DC is important because nearly one-third of our state’s total budget comes from federal sources. E.g., the dollars our state allocates to Medicaid for children or personal care for frail seniors are matched by federal dollars; programs like Head Start, Housing subsidies, and Food Stamps are almost entirely funded by federal dollars; federal dollars help finance our schools, our hospitals, prisons, farms, and transportation. Medical research is heavily dependent on federal grants. Large “block grants” like CDBG (for Community Development), SSBG (for Social Services), or CCDBG (for Child Care and Development) bring vitally important federal funds into city and county governments all across our state.

So it is worth noting that on March 17 the U.S. House and the U.S. Senate each voted for their own versions of the federal budget. Working from the President’s list of $214 billion in proposed non-defense cuts, they include cuts of roughly $1.3 billion in grants-in-aid to the state of Washington over the next five years. Even without these proposed cuts the state faces serious deficits; with reductions on the scale being considered, many vital functions could grind to a halt.

The two versions differ. E.g., the House would cut $20 billion from Medicaid nationwide; the Senate rejected that, but voted to cut $64 billion from the Medicare Hospital Insurance fund (to give an additional tax break to households with average net worth over $1 million). Both would take substantial sums from health and human services. Among the activities slated for cuts if the current plans survive are: HIV/AIDS treatment, medical research, veterans’ health care, child care, WIC, Head Start, Food Stamps, subsidized housing, and much, much more.

CHILDREN'S ISSUES

HB 1097/ SSB 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 Thirteen, the House Bill was passed by the Senate 47-0 and has been delivered to the Governor’s desk.

SHB 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.

Amendment clarifiy that the bill applies only within Western Washington, and does not apply to agricultural land. Limits DOE assistance in evaluating and testing soils to schools and child care centers within the central Puget Sound smelter plume, rather than all of Western Washington. Changes DOE soil testing deadline to the end of 2009, rather than the end of 2008. Provides for implementing "best management practices" rather than "property specific public health plans." Requires DOE to submit program evaluation reports to the governor and legislature by the end of 2006 and the end of 2008. Provides that the bill is not intended to change ongoing DOE actions or the authority of DOE or other agencies to require actions addressing soil contamination under existing laws.

In Week Thirteen, this bill was passed in the Senate 49-0. Once accepted by the House it will go to the Governor.

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.

The House bill appears to be DEAD.

In Week Thirteen, this bill remains in the House Appropriations Committee and now appears to be DEAD.

S 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.

The House Bill appears to be DEAD.

In Week Thirteen, the House passed the Senate bill 95-0. If accepted by the Senate it will go to the Governor to be signed.

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.

The bill was amended to read that supervisors are not required to report child abuse if they receive the information as the result of a privileged communication as defined in by law. The current list of mandat9ory reporters is not limited by the reference to supervisors.

In Week Thirteen, this bill is now on the House floor schedule.

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.

The bill was amended to read that the sexual misconduct with a minor includes a situation in which a foster parent has sexual contact or sexual intercourse, or causes another person under the age of 18 to have sexual contact or sexual intercourse, with his or her foster child who is at least 16 years old. Sexual misconduct with a minor includes a situation in which a person exploits a significant relationship in order to obtain the consent of a minor.

In Week Thirteen, this bill is now on the House floor schedule.

ESSB 5872 – CREATING A DEPARTMENT OF FAMILY & CHILDREN

The original bill would have created a new government agency consisting of the current Children’s 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 by December 2005.

It was amended to place the Task Force under the Washington State institute of Public Policy.

In Week Thirteen, this bill was passed by the House 96-0. If accepted by the Senate as passed, it will go to the Governor to be signed.

Budget Issues

The Senate’s Budget: for Children’s Health Insurance, it includes funds for 12 month eligibility, eliminates premiums, but does not restore immigrant children’s health at 100% of the Federal Poverty Limit (FPL)

Includes money ($7.2m) for Readiness to Learn and retains the Family Policy Council and Community Networks ($4.2m)

The House’s Budget: for Children’s Health Insurance, it includes funds for 12 month eligibility, eliminates premiums, but does not restore immigrant children’s health at 100% of the Federal Poverty Limit (FPL); it also cuts Readiness to Learn ($7.2 m) and cuts the Family Policy Council and Community Networks ($4.2 m).

Advocates are also seeking funding for a variety of small initiatives, none of which are included in the Governor’s Budget.: Among them are: $25,000 for a Postpartum Depression Public Awareness Campaign; and $650,000 f or Children’s Advocacy Centers.

The Senate’s Budget: includes funds for the Postpartum Depression Public Awareness Campaign ($25,000), $650,000 for Children’s Advocacy Centers, and for a Child Care Subsidy Rate Increase ($26 million).

The House Budget: also includes $25,000 for the Postpartum Depression Awareness Campaign, but provides only $60,000 for Children’s Advocacy Centers. It would also provide a smaller ($9.4 million) amount to raise the state’s very low Child Care Subsidy Rate.

ECEAP – the Early Childhood Education and Assistance Program – is a Washington state program similar to Head Start, however its funding per child has lagged behind that for HS. This year that may get some long-overdue increases, though children’s advocates are concerned that the legislature wishes to add many more children without adequate funding to retain staff.

The Governor’s Budget adds $7.1 million (including an 8% Vendor Rate Increase, and funding for 200 more children);

The Senate Budget adds $5.2 million (with a smaller 3% Vendor Rate Increase and an assumption that the money could be stretched to fund an additional 500 children);

The House Budget adds $5.4 million (and assumes the addition of 510 children).

CASA (Court Appointed Special Advocates for Children ) would get a small increase.

The Governor’s and Senate Budgets add $300,000;

The House Budget instead adds $140,000 – to go to CTED.

CHILD WELFARE

SHB 1190/ E2SSB 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.

Amendment: The bill was amended and now states that TANF applicants who have a felony conviction involving drug use or possession after Aug 21, 1996 become ineligible if they are convicted of more than one subsequent drug use of possession related felony after the effective date of this act.

The House bill appears to be DEAD.

In Week Thirteen, the Senate bill is now in the House Rules Committee waiting to be scheduled for the Floor.

SHB 1280 - EXTENDING THE KINSHIP CARE OVERSIGHT COMMITTEE

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

The amendment adds persons who are related by adoption to the definition of Kin. The bill retains a sunset, 5 years out, and requires the Oversight Committee to brief the legislature and Governor on their activities.

In Week Thirteen, this bill is now in the Senate Rules Committee waiting to be scheduled for Floor action.

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.

Amendments: The amendment permits a person authorized under the dependency and termination of parental relationship statutes to give informed consent to medical care.

The bill now requires the relative caregiver to sign an affidavit. The affidavit provides consent for up to 6 months.

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

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.

In Week Thirteen, the Senate bill was passed by the House, 93-1, and agreed to by the Senate. It will now go to the Governor.

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 is now on the Senate Floor schedule waiting for a vote.

The Senate bill appears to be DEAD.

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 (see bill description), 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.)

As amended: add supervisors in for profit organizations to the list of mandatory reporters. Also states that supervisors receiving information in a privileged communication is not required.

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

SHB 1482 – REVISING PROVISIONS ON CHILD ABUSE AND NEGLECT

This bill is DEAD. BUT… SHB1482 was amended onto SB5922 in House Children and Families the language was removed from SB 5922 prior to the bill coming out of Appropriations. Funding to implement the bill was included in the House budget (although not at the level identified as necessary). SB 5922 passed the House, and the language of SHB1482 was added back on the Floor.

SHB 1663 – CREATING THE PREVENTION AND INTERVENTION INVESTMENT COUNCIL

This bill is DEAD. BUT… Although the bill died, the House budget contains a proviso in the Children’s Administration section stating: “Within amounts appropriated in this section, priority shall be given to proven intervention models, including evidence-based prevention and early intervention programs identified by the WA State Institute for Public Policy and the department. The department shall include information on the number, type, and outcomes of the evidence-based programs being implemented in its reports on child welfare reform efforts.”

2SHB / 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.

As amended the bill does not include a guardianship subsidy; however, it does create a state funded medical and mental health services fund for kids who have extraordinary needs. The bill also changes the way in which a guardianship could be terminated.

In Week Twelve, the House bill was amended and voted DO PASS. As amended the bill does not include a guardianship subsidy; however, it does create a state funded medical and mental health services fund for kids who have extraordinary needs. The bill also changes the way in which a guardianship could be terminated. It is now in the Senate Rules Committee.

T he Senate bill appears to be DEAD.

SHB 2156 – RE 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

The bill was amended to require that when the court is determining whether to return a child home to a parent from whom the child has been previously removed twice, the court hold a fact-finding hearing during which due process is afforded to the parent.

It was furtheramended to create a joint task force to address the issue of the health, safety and welfare of children receiving services from child protective services and child welfare services. (Aspects of SB 5666, which is now DEAD)

The Senate Human Services & Corrections Committee amended the bill and now creates a joint task force to address the issue of the health, safety and welfare of children receiving services from child protective services and child welfare services

In Week Thirteen, the Senate passed this bill by a vote of 49-0. If accepted by the House it will go to the Governor to be signed.

SSB 5308 – AN ACT RELATING TO MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT

This bill requires that persons, in their supervisory capacity with a profit or non-profit organization, believe that a child has been abused or neglected by someone over whom they have supervisory authority, shall report the incident to the proper law enforcement agency. The bill was amended to read that supervisors are not required to report child abuse if they receive the information as the result of a privileged communication as defined in RCW5.60.060. The current list of mandatory reporters is not limited by the reference to supervisors.

The bill was amended to read that supervisors are not required to report child abuse if they receive the information as the result of a privileged communication as defined in by law. The current list of mandatory reporters is not limited by the reference to supervisors.

In Week Thirteen, this bill is scheduled for Floor Action in the House.

SSB 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.

Amended on to: modifies the statutory definitions of abuse or neglect and negligent treatment or maltreatment; and modifies language around the Department of Social and Health Services’ duty to investigate reports of child abuse and neglect. Additionally, the bill states that if following an investigation the DSHS determines that the child’s parents, guardians, or legal custodians are available and willing to participate on a voluntary basis in services and treatment as may be needed to address the conditions that caused the abuse or neglect or that place the child at risk of future abuse or neglect, the department may agree that the child remain in the home pending the completion of such services or treatment. If the parents refuse to accept or fail to obtain appropriate treatment or services the department may initiate a dependency proceeding.

Amendment: The amendment adds an intent section; includes ‘clearly demonstrates’ in the definition of negligent treatment or maltreatment; clarifies the duties of DSHS; requires that when the court orders a dependent child to be returned to or remain in their home the in home placement is contingent upon the parents’ compliance with the case plan and court order; and adds a reporting requirement. (Contents of HB 1482)

In Week Thirteen, it was amended in House Appropriations Committee where the contents of HB 1482 were removed and the bill was voted DO PASS. On the House Floor the contents of HB 1482 were amended back in and the House passed the bill 96-0. If agreed on by the Senate, it will now go to the Governor.

SCR 8408 – SENATE CONCURRENT RESOLUTION TO REVIEW TRAINING OF THE CHILDREN’S ADMINISTRATION CASEWORKERS

This Concurrent Resolution establishes a committee to review all aspects of the current Children’s Administration caseworker training academy curriculum on child abuse and neglect, as well as caseworker supervisor training. The committee is also directed to review best practices for caseworker and supervisor training as identified by the Council on Accreditation. The Washington Council would staff the committee for the Prevention of Child Abuse and Neglect. It would consist of Children’s Administration employees, WA Federation of State Employees, WA Association of Sheriffs and Police Chiefs, Department of Health, the Office of the Family and Children’s Ombudsman, Office of the Attorney General, Office of Public Defense, Prosecutors, Superior Court Judges, and four members of the legislature. Input would be sought from experts in child abuse and neglect, as needed, to develop recommendations. A final report would be submitted to the legislature by September 30, 2006.

This Resolution was referred to the Senate Human Services & Corrections Committee but has not been scheduled for a hearing. Resolutions do not have the force of law and are not subject to the cut-off dates

Budget Issues:

Children’s advocates are seeking $24 million in funding for a variety of child welfare reforms.

The Governor’s Budget: Provides $13 million f or several components of “Kids Come First”- e.g.,CPS/CWS model and Parent Aides.

The Senate’s Budget: does not use the “Kids Come First” name, and breaks out the CPS/CWS model into three components.

The House’s Budget: Provides $9.8 million for “Kids Come First prioritizing Braam related items like Education Coordinators ($1.3m).

The Governor’s Budget does not include funds for Education Coordinators, Relative Search Specialists, or Post Adoption/Guardianship Resource Centers ($5 million), all related to the Braam Court Decision settlement.

The Senate Budget does not include funds for Parent Aides, Education Coordinators, Relative Search Specialists, or Post Adoption/Guardianship Resources Centers, all of which are related to the Braam Court settlement.

The Senate’s Budget: Retains the Family Policy Council and Community Networks ($4.2m)

The House’s Budget: Eliminates the Family Policy Council and Community Networks ($4.2m).

The House’s Budget: includes funds for the Postpartum Depression Public Awareness Campaign ($25,000) and a Child Care Subsidy Rate Increase ($9.4 million) and funds the Kinship Care Navigator Program ($300,000) & Children’s Advocacy Centers ($60,000).

The Senate’s Budget: includes funds for the Postpartum Depression Public Awareness Campaign ($25,000) and a Child Care Subsidy Rate Increase ($26 million) but does not fund the Kinship Care Navigator Program.

Only the House Budget provides funds ($5.8 million) for improved child welfare services for children affected by chronic neglect. An estimated $10.4 million is need for this purpose.

DISABILITIES

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.

Both the House and Senate bills appear DEAD but supporters are trying to find a way to keep the issue alive.

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

In Week Thirteen, the House bill passed the Senate by a vote of 46-0. As soon as the bill as passed is accepted by the House, it goes to the Governor for signature.

HB 1519–RE 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. This bill is DEAD.

2SSHB1791 - is a bill with a similar purpose, though limited only to proceeds from leasing. It now includes the option of selling property, specifies that trust funds are to be used for employment/day and family support for the un-served, and removes Yakima Valley School. In Week Thirteen, this bill passed the Senate by a vote of 49-0. Once accepted by the House in its current form, it goes to the Governor for signature.

SB 5702 - is a similar, though not identical, Senate bill. In Week Twelve it wasvoted DO PASS by the House Capital Budget Committee. It remains in the House Rules Committee, to be scheduled for Floor Action.

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.

HB 1587/ SB 5680 – RE 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.

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

The Senate bill appears DEAD.

ESHB 2126 – PROVIDING ACCOMMODATION TO DEPENDENT PERSONS WHO ARE CRIME VICTIMS AND WITNESSES

This bill stems from the fact that vulnerable adults are more likely to be victims of crime, but when they are abused, neglected or exploited it is often difficult to prosecute the perpetrator. Prosecutors face multiple barriers because victims of crimes who have disabilities or are elderly are often unavailable to testify at trial; the abusers often are caregivers, service providers and/or family members on whom the victim depends for survival; and for other reasons. This bill would give prosecutors additional tools with which to prosecute these crimes, including the right to request a video-taped deposition if it is likely that the victim will be unavailable to testify at the trial, and various supports and accommodations for victims of crimes who have disabilities.

In Week Thirteen, this bill moved to the Senate Floor; it may be voted on at any time.

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.

In Week Thirteen, the Senate bill passed the House by a vote of 95-0. Once accepted by the Senate in its current form, it goes to the Governor for signature.

HB 2190– FOR COMMISSION TO STUDY CARE OF PERSONS WITH DISABILITIES

The bill would establish a commission in the Governor's Office to review the need for, and

existing capacity of, residential services for individuals with developmental disabilities

This bill appears DEAD, but supporters are trying to keep the issue alive.

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.

This bill failed to make the cut-off; it now appears DEAD.

Budget items:

The Governor’s budget includes several increases sought by the disability community. Among them are: an increase for the Learning Assistance Program – important to children in special education programs; $2.4 million to expand employment opportunities for students with disabilities graduating from high school, $300,000 to serve 150 (of the 8,600) children age 12 and older on the Family Support Opportunities Wait List; $1.4 million to help children at risk of institutionalization; $4 million for persons being discharged/diverted from state facilities). The Governor’s Budget would also add funding for 150 families needing Family Support and 641 high school graduates needing employment/day services.

Advocates were relieved to see no cut in the “Ticket to Work” for workers with disabilities.

Meanwhile, other activities would be cut under the Governor’s proposal: in-home care, and Medicaid Personal Care. This latter item alone will affect 1,600 adults receiving Medicaid Personal Care, COPES and nursing home services. (See also Aging & Long-Term Care.) Changes in COPES will cause 200 children and adults with developmental disabilities to lose services, for a savings of $560,000.

The Senate Budget would add funding for 750 families needing Family Support Opportunities, but only 400 high school graduates needing employment/day services.

It would also make a number of cuts. The Senate would require two kinds of co-pay - $3 for each Medicaid Prescription, and $1 for each ride to medical appointments (neither is in the Governor’s proposal). The Senate would achieve savings through reduced funding for Durable Medical Equipment, limits on Medicaid Personal Care eligibility, and limits in annual COPES growth. Another savings would come from serving fewer children and adults who need community-based residential services.

The House Budget is similarly a mixed proposition for people with disabilitites.

It proposes funding for 600 high school graduates needing employment/day services.

It adds $4 million to provide a rate increase for community residential care providers.

It proposes $2.9 million to create a "Flexible Family Funding" pilot program for 1,500 families with a child that receives no other paid service (such as Medicaid Personal Care or Employment/Day service). On the surface a good addition, but the details are raising concerns.

It recommends a small (1% per year) Vendor Rate Increase for all Developmental Disabilities

service providers, less than either the Senate or the Governor, and less than the increase for other state employees and in-home care workers.

It adds $100,000 to provide RHC Professional Services (e.g., dental care, therapies) to people receiving community-based support, but once again the details are raising concerns.

HEALTH CARE

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 Thirteen, the House bill passed the Senate by a vote of 40-9. It goes soon to the Governor.

Prescription Drugs

Some of these prescription drug bills are still alive - in some cases after being amended again.

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

In Week Thirteen , this bill (now Second Substitute House Bill) was sent out of the Rules Committee. It is now on the Senate Floor, and could be voted on at any time.

HB 1194 – REGARDING RE-IMPORTATION OF PRESCRIPTION DRUGS.

This bill did not make the cut-off; it now appears DEAD.

SHB 1219/ SB 5471 – AUTHORIZING A PRESCRIPTION DRUG PURCHASING CONSORTIUM

In Week Thirteen, the Senate bill won a vote of 56-42 on the House Floor, and was later accepted and signed by the Senate President. It will go soon to the Governor for signature.

2ndSHB 1316/ SB 5470 – ALLOWING THE IMPORTATION OF CERTAIN PRESCRIPTION DRUGS FROM CANADIAN WHOLESALERS

In Week Thirteen , the Senate bill won a vote of 76-19 on the House Floor. It must be accepted by the House, and then go to the Governor for signature.

HB 1677/ SB 5558 – ESTABLISHING A PRESCRIPTION DRUG ASSISTANCE FOUNDATION

In Week Thirteen, the Senate bill won a vote of 94-0 on the House Floor. If accepted by the House, it goes soon to the Governor.

SHB 1397/ SB 5397 - CHANGING VEHICLE EMISSION STANDARD PROVISIONS

Popularly described as a transportation-related bill to bring California emission standards to Washington, the bill acknowledges upfront that motor vehicles contribute more than half of all air pollutant and greenhouse gas emissions, they are also responsible for eighty percent of air toxics emissions, and thus harm public health, the environment, and the economy. This bill is also being watched by groups concerned with asthma and other respiratory conditions. (SB 5509 – promoting “Green Buildings” – is on its way to the Governor. People with allergies and others knowledgeable about environmental health factors have hailed this legislation, the first of its kind in the nation.)

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

T he Senate bill appears DEAD .

HB 1427/ SB 5898 – ORDERING A PUBLIC INFORMATION CAMPAIGN ON POSTPARTUM DEPRESSION.

The bill stems from concern that postpartum depression is a serious condition affecting women of all ages, economic status, and racial and ethnic backgrounds, which can be treated with medication and counseling. If untreated, postpartum depression can lead to further depression, self-destructive behavior, or even suicide, as well as child abuse, neglect, or death of the infant or other siblings. The bill would provide for a council to conduct a proactive, public information and communication outreach campaign concerning the significance, signs, and treatment of postpartum depression. It may include production and distribution of a brochure and communication by electronic media, telephone hotlines, and parenting education events.

The House bill appears DEAD – but the issue may appear as a budget proviso, since both the House and Senate budgets include $25,000 for this purpose .

In Week Thirteen, the Senate bill moved to the House Floor, for a vote at any time.

HB 1441 – PROVIDING ACCESS TO HEALTH INSURANCE FOR CHILDREN.

This bill is prompted by the fact that since 2003, over 62,000 children have lost health coverage they had under Medicaid in Washington state. A recent Governor’s Executive Order will help, but legislation is still needed. As amended in the Policy Committee, it would restore many of the cuts to children’s health care made by the legislature in recent years, though somewhat scaled back from the bill originally introduced. Two key features of the Substitute House Bill: it would prohibit implementation of Medicaid premiums, and it would re-establish the Children’s Health Program. Funding will be key (e.g., to pay for the care of immigrant children and legal resident children here less than five years).

In the House Appropriations Committee the bill was stripped of all but the “intent” clause. Supporters hope to restore some of what was lost in Appropriations.

It did not get a vote on the House Floor but it remains alive the in House Rules Committee, to be revived as a bill "necessary to implement the budget" after the cut-off deadlines. Some elements require statutory authority, and supporters will pursue this issue during the budget process. Elements of the bill are included in all three budgets, in slightly different form.

HB 1486 – REQUIRING APPLICANTS FOR STATE PURCHASED HEALTH BENEFITS OR UNCOMPENSATED HOSPITAL CARE TO IDENTIFY EMPLOYERS

This bill would help the state determine the employers of Medicaid and BHP recipients.

This bill remains in the Senate Rules Committee, to be scheduled for Floor Action.

HB 1494 – IMPROVING DELIVERY OF HEALTH CARE TO SCHOOL CHILDREN

This bill intends to deal with the shortage of school nurses with appropriate expertise in Washington schools. Beginning with the 2006-07 school year, it would require that each class I school district maintain a ratio of at least one school nurse for every two thousand full-time equivalent students. Beginning in the 2008-09 school year, each class I school district shall maintain a ratio of at least one school nurse for every one thousand five hundred full-time equivalent students.

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

HB 1512/ SB 5390 – CONCERNING IMPROVING THE QUALITY OF CARE IN

STATE-PURCHASED HEALTH PROGRAMS.

This bill hopes to reward improvements in health outcomes for individuals with chronic diseases, increased use of preventive health services, particularly for children, and reductions in medical errors; and increase, the use of information technology that contributes to improved health outcomes, better coordination of care, and decreased medical errors.

In Week Thirteen the House bill won a vote of 47-0 on the Senate Floor.

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

SHB 1516 – INCREASING ACCESS TO HEALTH SERVICES FOR CHILDREN THROUGH THE “KIDS GET CARE” SERVICE DELIVERY MODEL

This bill is based on a model currently being used in three counties to provide integrated preventive medical, oral, and developmental health services to young children. It reduces the need for hospitalization, caries treatment, and developmental interventions, and expands the use of evidence-based preventive measures in community health centers and private medical practices treating low-income children. Funds provided for in the bill would be used to develop and implement best practices in preventive health care for children statewide. As amended, if funds permit it would be expanded to two new counties in 2006, and two more in 2007.

This bill appears to have missed the cut-off, but supporters are trying to find ways to keep it alive.

HB 1904/ SSB 5841 – PROVIDING FOR THE PREVENTION, DIAGNOSIS, and TREATMENT OF ASTHMA.

This bill stems from the fact that asthma is the most common long-term disease of children. (The Washington asthma prevalence rate is among the highest, with an estimated 450,000 adults and 150,000 children affected.) A 2004 federal law directs the Secretary of Health and Human Services to give preference in grant-making to states that require public elementary and secondary schools to allow students to self-administer medication to treat asthma or anaphylaxis.
This bill would make Washington eligible for such grants. It would require a uniform policy for all school districts regarding the training of school staff about children with asthma, adoption of policies regarding asthma rescue procedures and prevention policies. Plus, all elementary and secondary schools must authorize any student to self-administer medication to treat his or her asthma or anaphylaxis where appropriate. Other sections require better coordination and the collection of data regarding prevalence. (See also SB 5708 – regarding EMT/s and Epinephrine; now in House Rules Committee, to be scheduled for Floor Action.)

The House bill appears DEAD .

In Week Twelve, the Senate bill was voted DO PASS by the House Health Care Committee. It is now in the House Rules Committee, to be scheduled for Floor Action.

SB 5048 – PROHIBITING TOBACCO PRODUCT SAMPLING

This bill finds that tobacco samples contribute to children's access to tobacco products by providing a no-cost initiation that encourages minors to experiment with nicotine at early ages. Tobacco samples are distributed along with other promotional items that contain tobacco brand logos, increasing the appeal of the tobacco products as well as the chances that children will obtain them. This bill would protect minors from the influence of tobacco sampling by eliminating the distribution of samples in Washington. (SB 5909 now appears DEAD.)

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

SSB 5065 – REQUIRING NOTICE OF POTENTIAL INJURIES RESULTING FROM HEALTH CARE

This bill provides that hospitals shall have policies in place to assure that information about unanticipated outcomes is provided to patients, their families, or any surrogate decision makers.

In Week Twelve, this bill was voted DO PASS in the House Judiciary Committee. It is now in the House Rules Committee, to be scheduled for Floor Action.

SB 5451 – MODIFYING EXCISE TAXATION OF COSMETIC MEDICAL SERVICES

This bill would add elective cosmetic surgery and related services to the list of items eligible for taxation. “Cosmetic medical services" means any medical procedure performed on an adult that is directed at improving a person’s appearance and which does not meaningfully promote the proper function of the body or prevent or treat illness or disease. The tax collected under this change would then be deposited into the health services account, and used to pay for children's health care services.

This bill did not get Floor Action before the cut-off, but supporters are trying to keep the issue alive in the budget process.

Budget Items:

Under the Governor’s Budget, $29 million would be available to increase the Hospital Vendor Rates paid to Washington state hospitals for inpatient and outpatient care, on 1/1/06 and 1/1/07, with proportionally higher increases going to the hospitals with the lowest cost of care.

The Governor also includes much of the funding needed to provide child health coverage (much like HB 1441) – funds for 12-month continuous eligibility, a delay in premiums, and a partial restoration of immigrant children’s health coverage.

The Senate Budget: includes some funds for Children’s Health Insurance, e.g., for 12 month eligibility, and eliminating premiums, but it does not restore immigrant children’s health at 100% of the Federal Poverty Limit (FPL).

The House Budget: includes some funds for Children’s Health Insurance, e.g., for 12 month eligibility, delays premiums, and restores immigrant children’s health at 100% of the Federal Poverty Line (however with no coverage for dental, vision, or durable medical goods).

Health care advocates were pleased to see no reduction in Community Health Center grants, Adult Dental Care, or the Basic Health Plan in the Governor’s Budget.

Both the Senate and House Budgets also maintain funding for the Basic Health Plan.

However, the House Budget proposed a $5 million cut in Community Health Centers.

Both the House and Senate Budgets would save $5.4 million by requiring a $1 co-pay for Transportation to Medical Appointments.

HOUSING/HOMELESSNESS

HB 1074/ SSB 5108 – INCREASING THE ADMINISTRATIVE CAP ON THE HOUSING ASSISTANCE PROGRAM AND THE AFFORDABLE HOUSING PROGRAM

This bill would increase the cap to 5% of annual available funds.

In Week Thirteen, the House bill passed the Senate with a vote of 27-22. It will likely go soon to the Governor, for signature.

HB 1583/ SSB 5577 – MAKING AVAILABLE RELOCATION ASSISTANCE PAYMENTS TO TENANTS

This bill would establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations. It would also provide enforcement mechanisms to cities, towns, counties, or municipal corporations - including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to remedy building code or health code violations, and later to collect these relocation funds, along with interest and penalties, from landlords.

In Week Thirteen , the Senate bill passed the House by a vote of 84-12. It will likely go soon to the Governor, for signature.

HB 1640/ SB 5660 – PROVIDING A DISPUTE MECHANISM FOR MANUFATURED/MOBILE HOME LANDLORD AND TENANT DISPUTES

This bill recognizes that taking legal action against a park owner for violations of the manufactured/mobile home landlord-tenant act can be a costly and lengthy process, and many people cannot afford to go into court to protect their rights. Park owners would also benefit from a process that resolves disputes quickly and efficiently. The bill would provide a mechanism for state authorities to quickly locate owners of manufactured housing communities, and authorize the Department of Community, Trade, and Economic Development to register mobile home parks or manufactured housing communities, conduct investigations, issue citations, issue cease and desist orders, and impose fines for violations of the Act.

In Week Thirteen, the House bill passed the Senate 44-0. It will likely go soon to the Governor, for signature.

2ndSHB 2163 – ESTABLISHING A HOMELESS HOUSING PROGRAM

Among its provisions, this bill includes legislative intent language that homelessness in Washington is to be ended by 2015; and it also carries new revenues to be devoted to this purpose (through increases in the recording fee). Concerns were raised during testimony and the bill is being re-written to address them; that may not be possible in the time remaining.

In Week Thirteen, this bill passed the Senate by a vote of 28-18. Once it is accepted by the House as passed, it goes to the Governor for signature.

SB 5713 – ASSISTING TENANTS IN MULTIPLE-UNIT HOUSING PROPOSED FOR REHABILITATION.

This bill is an effort to protect tenants from being forced out of housing with no opportunity to find housing of comparable size, quality, and price and a reasonable opportunity to relocate.

In Week Thirteen, this bill passed the House 94-0. It goes next to the Governor, for signature.

SSB 5767 – DEVELOPING PLANS TO ADDRESS THE HOUSING NEEDS OF HOMELESS PERSONS.

This bill is similar to, but not identical to, HB 1810. It would ask each county to create a task force to develop a ten-year plan for short- and long-term housing for homeless persons. Membership on the task force would be broad, and would establish guidelines, as needed, for a broad range of housing (e.g., emergency shelters, short-term housing, temporary encampments, supportive housing, and long-term housing).

In Week Thirteen, this bill passed the House by a vote of 58-38. It will likely soon go to the Governor for signature.

Budget Item

HB 1057/ SB 5051 – CAPITAL BUDGET, Housing Trust Fund

This fund is the state’s largest public funding source for the creation of affordable homes for low income families and individuals. Since its inception it has developed, preserved, or rehabilitated over 25,000 housing units, and leveraged over $1.5 billion in public and private funds. Low income housing advocates are seeking an increase in the Housing Trust Fund to $100 million for the biennium. It is currently set at $80 million. This bill is not subject to the regular cut-offs.

The Senate bill remains in the Senate Ways & Means Committee.

In Week Thirteen, the House bill had an Executive Session in the House Capital Budget Committee.

The Governor’s Budget does not provide for any increase in the Housing Trust Fund.

The Senate Budget does not provide for any increase in the Housing Trust Fund.

The House Budget provides an increase of $20 million (bringing the total up to $100 m) for the Housing Trust Fund.

In its Capital budget, the Senate would increase funding for Community Services Facilities to include two additional projects, and specific projects. There is also the potential for $2 million for the Community Services Block Grant – but that depends on action at the federal level.

HUNGER AND NUTRITION

HB 1593/ SSB 5597 – FUNDING FARMERS MARKET NUTRITION PROGRAMS

The farmers market nutrition programs serve many good purposes. They: promote health, alleviate hunger, prevent obesity, and encourage the purchase of locally grown fresh fruit and vegetables – and thus support small farmers and rural economies. Low income women with children and low-income and homebound seniors alike benefit, through farmers markets, congregate meals sites, and senior housing. This bill would provide $1,150,000 to support these programs, to maintain current program levels and give small farmers access to income.

Both bills appear DEAD, but supporters hope to keep the issue alive as a Budget Proviso.

HB 1771 – REQUIRING SCHOOL BREAKFAST PROGRAMS IN CERTAIN SCHOOLS

This bill would require that school districts implement a school breakfast program in each school where more than 40% of students eligible for the school lunch program qualify for free or reduced-price meals by the school year 2005-06. This would ensure that breakfast is available in schools with large concentrations of low-income children. (Fewer than 30 schools are affected.)

This bill remains in the Senate Rules Committee, to be scheduled for Floor Action.

Budget Items:

Food banks and other emergency food providers are seeking additional funds for emergency food purchase, transportation, and education.

The Governor’s Budget provides nothing for this item.

The Senate Budget adds $1.25 million for this item.

The House Budget adds $1.45 million for this item.

Anti-hunger supporters sought two additional items:

-- $1.9 million to restore the reimbursement rate for free and reduced price school meals from 11 to 15 cents/meal,

None of the three budgets (Governor, Senate, House) includes this increase.

-- $1.15 million for the Senior and WIC Farmer’s Market Nutrition Programs.

The Governor’s Budget provides nothing for this item.

The Senate Budget adds $500,000 but only for the Senior component.

The House Budget adds $682,000 for the Senior component, plus $250,000 for the WIC component.

INCOME SUPPORTS/WELFARE

SHB 1100 - CREATING A STATE FINANCIAL AID ACCOUNT

This bill intends to assure that funds available for financial aid are readily available to eligible students and not delayed by transfers from one account to another. The financial aid programs in the account are: the State Need Grant, State Work Study, Washington Scholars, Washington Award for Vocational Excellence, and the Educational Opportunity Grant.

This bill remains in the Senate Rules Cttee, to be scheduled for Floor Action.

SHB 1173/SSB 5069 - ESTABLISHING FAMILY LEAVE INSURANCE

This bill would establish a program of limited income support for a limited period to allow parents to bond with a newborn or newly placed child, and workers to care for seriously ill family members. Such a program would reduce reliance on state income support programs by increasing an individual's ability to provide care-giving services for family members while still maintaining an employment relationship.

A substitute Senate bill was adopted in Executive Session, which differs from the original bill in several ways. Beginning dates have been changed; “domestic partner” has been removed from the definition of family member; an employee could not take family leave for his/her own medical issues; and "serious health condition" would include a period of incapacity or treatment of more then five days. Also, the benefit would be optional for employers with fewer than 50 employees. But covered workers would be entitled to five weeks of partial compensation to care for new babies, adopted or foster children, and seriously ill family members. They would be paid out of a family leave insurance trust fund financed by a premium of two cents/hour worked.

The House bill appears DEAD.

The Senate bill missed the cut-off but supporters are trying to keep it alive.

HB 1189/ SB 5393 – PROVIDING RELIEF FOR INDIGENT VETERANS AND THEIR FAMILIES

The bill would require counties to establish veterans' assistance programs to help qualifying local indigent veterans and their families, and a veterans’ advisory board to give advice on the needs, resources, and available programs – including help with burial funds.

In Week Thirteen, the House bill was passed by the Senate, 49-0. It will likely go soon to the Governor for signature.

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

This bill would allow the State to join fourteen other states and opt out of one of the federal restrictions to Temporary Assistance for Needy Families (TANF). Under this change, 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 to receive these benefits. No other felony conviction (rape, murder, assault) results in the loss of eligibility for TANF, and the disqualification particularly harms the children of former felons and victims of domestic violence. The Senate bill was amended again on the floor; it no longer restricts access with a life-long ban for anyone with two drug-related felony convictions since 1996.

The House bill appears DEAD.

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

SHB 1408/ SSB 5469 – CREATING AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGAM

This bill is also known as the Saving Earning and Enabling Dreams (SEED) Act. The bill would provide for an IDA program within DCTED - the Department of Community Trade & Economic Development. Individual Development Accounts are savings accounts that encourage people with lower incomes to save, invest, and build assets. Eligible individuals include low-income individuals (someone whose household income is equal or less than either: 80 percent of the median family income, adjusted for household size; or 200 percent of the federal poverty guidelines.) and foster youth (someone 15 years of age or older who is a dependent of the Department of Social and Health Services - DSHS; or is at least 15 years of age, but not more than 23 years of age, who was a dependent DSHS for 24 months after age13.)

Community agencies partner with banks and financial institutions to create accounts and give account-holders financial training. Each dollar saved by account-holders is matched by the state. The account can be tapped for limited purposes, e.g., to buy a home, finance a higher education, start a small business, and for certain emergencies. Washington currently has a limited IDA program for people eligible for Temporary Assistance for Needy Families (TANF) that is funded through the welfare budget. That funding expires in June 2005 and the program will end unless the legislature takes action.

In Week Thirteen, the House bill passed the Senate 44-0. It will likely go to the Governor soon, for signature.

HB 1636/ SB 5684 – ADOPTING A WAGE LADDER FOR CHILD CARE WORKERS

This bill would increase wages to child care workers by establishing a child care career and wage ladder that provides increased wages for child care workers based on their work experience, level of responsibility, and education. Within available funds, this career and wage ladder is expected to mirror the successful child care career and wage ladder pilot project operated by the state between 2000 and 2003. Among the demonstrated successes: lower turnover among child care workers in the pilot project – a factor known to improve child development and learning.

In Week Thirteen, the House bill passed the Senate, 27-22. Once it is accepted by the House, as passed, it will go to the Governor for signature.

SHB 1251/ SSB 5692 – REGULATING TAX REFUND ANTICIPATION LOANS

This bill would establish state-wide regulation of Refund Anticipation Laws, similar to the standards used by some commercial tax-preparers. Because it retroactively and prospectively pre-empts any local government actions on tax refund anticipation loans, it would effectively negate a stronger local law passed by Seattle. This issue is of particular concern to those working with low-income people who may be persuaded (without full understanding) to agree to a very high-interest “loan” in order to get their federal tax refund a little faster. Senate-passed amendments clarify what must be disclosed to consumers, and increase penalties for any failures.

The bill would pre-empt a stiffer Seattle RAL ordinance, but offer new protection to low-income people outside of Seattle. Supporters believe the most significant part of the substitute bill is the addition of consumer protection act remedies – to allow the Attorney General to help enforce the law, and allow consumers to sue to enforce the law (with triple damages and attorney's fees).

The House bill appears DEAD.

In Week Thirteen, the Senate bill moved to the House Floor, to be voted on at any time.

SHB 1419/ SB 5266 – RESERVING STATE AUTHORITY TO REGULATE CUSTOMER FINANCIAL TRANSACTIONS.

This bill would enforce uniformity in financial transactions across the state, and forbid the regulation of financial transactions by cities, towns and other local government entities.

(Thus, like HB 1215/ SB 5692 – above, this bill would negate the City of Seattle’s tighter local law.) This issue is of particular concern to those working with low-income people who may be persuaded (without full understanding) to agree to a very high-interest “loan” in order to get their federal tax refund a little faster. The Senate bill’s only amendment was a technical correction.

The House bill did not make the cut-off; it now appears DEAD.

In Week Thirteen, the Senate bill passed the House, 95-0. Once it is accepted by the Senate, as passed, it will go to the Governor for signature.

SSB 5850 – CLARIFYING DEFINITION OF “SICK LEAVE” FOR FAMILY LEAVE

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

Budget Items:

Advocates for low-income adults who are temporarily unable to work due to mental or physical disability, are seeking to protect funding for the GAU (General Assistance – Unemployable) program in the budget. Eligible recipients get $339 a month to pay for shelter/housing, food,

and other basic needs. Without GAU, many will become homeless or more disabled.

The Governor’s Budget would cut $18 million from the program, by ending eligibility based on vocational factors (i.e., ability to get paid work).

The Senate Budget would also cut GAU by $18 million, causing an estimated 3,700 unemployed adults to lose eligibility.

The House Budget would also cut GAU by $18 million.

Advocates for recipients of Temporary Assistance for Needy Families (TANF) note that $100 million is needed to fill an existing shortfall and provide for badly-needed child care subsidies.

The Governor’s Budget only adds $35 million (that includes a $20 million reduction in “Job Search” – which advocates agree should be shifted to other uses).

The Senate and House Budgets mirror the Governor’s proposal: both would add only $35 million, including the $20 million shift in Job Search. That leaves a $65 million gap.

The House Budget provides $1.25 million in new funding to fund the SEEDS Act – which provides for Individual Development Accounts. (Neither the Governor nor the Senate include any funding for this purpose.)

Advocates for low-income adults also sought $3 million to fund the Gaining Independence Act. Passed by the legislature in 2003, the act was never funded in the budget. This would help parents who qualify for financial aid pay meet child care costs while they are in school, providing up to 3,000 grants of at least $1,000 each. Nothing was provided for this purpose.

JUVENILES/YOUTH

2SHB 1050 – FOSTER CARE SCHOLARSHIP

This bill would create an endowed scholarship for eligible foster care students to attend an institution of higher learning in Washington State. The bill matches state dollars from the Higher Education Board with private cash donations.

This bill is now is now scheduled for a Floor vote in the Senate.

SHB 1058 – MENTAL HEALTH FOR MINORS

This bill authorizes an evaluation and treatment facility to admit for evaluation, diagnosis, or treatment any minor under thirteen years of age for whom application is made by the minor’s parent or guardian. The consent of the minor under the age of thirteen is not required. It also clarifies the parent role in placement of a minor and shortens timelines for decisions about the medical necessity of treatment. It adds limited liability protection to facilities and professionals who act in good faith in accordance with the law.

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

SHB 1079/ SSB 5084 - FOSTER YOUTH EDUCATION

This bill was requested by former Governor Locke. It would establish a Foster Youth Post-secondary Education and Training Coordination Committee.

The house bill was amended so that language related to the state need grant and work study was removed. The duties of the committee, to examine issues pertaining to foster youth and post secondary education, were given to the existing legislatively created task force on foster youth/education. As a result, a new committee would not be established.

The Senate bill was amended in Committee. The bill now directs the existing foster childrens’ education committee to take on the responsibilities originally given to a newly created committee. It also changes the definition of ‘former foster youth’ to be consistent with the definition in HB1050.

In Week Thirteen, the Senate amended the House bill. Language pertaining to the state need grant was amended onto the bill on the House floor, and the House bill passed the Senate 48-0. If the Senate agrees with the changes, it will go to the Governor.

Because the House bill passed, it is likely that the Senate bill will not move forward.

HB 1082 – MENTAL HEALTH FOR MINORS

This bill is a technical clean-up of the numbering and ordering of current Regulations (Revised Code of Washington - RCW’s) pertaining to mental health for minors.

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

EHB 1187 - ELIMINATING MANDATORY MINIMUM SENTENCES FOR YOUTHFUL OFFENDERS TRIED AS ADULTS

This bill finds that emerging research on brain development indicates that adolescent brains, and thus adolescent understanding and capabilities, differ from those of mature adults. It is right to take these differences into consideration when sentencing juveniles tried as adults. The bill intends to eliminate the application of mandatory minimum sentences for juveniles tried as adults, but continues to apply all other adult sentencing provisions to juveniles tried as adults.

In Week Thirteen, the Senate passed this bill, 49-0. If the House agrees with the changes, it will move on to the Governor.

ESHB 1252 – PROVIDING FOR FAMILY AND CONSUMER EDUCATION

This bill directs the Superintendent of Public Instruction (SPI) to develop a model family preservation education program curriculum. It also directs school districts to adopt a family preservation education program curriculum and to offer a one-credit family preservation course to high school students.

In Week Thirteen, this bill is now scheduled for the Senate Floor.

HB 1279 - REVISING PROVISIONS RELATING TO PUBLIC ACCESS TO CHILDREN IN NEED OF SERVICES AND AT-RISK YOUTH HEARINGS

This bill changes the law to allow courts to conduct these hearings in any venue available to the parents, and allows public access unless the judge finds it detrimental to the child’s interests.

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

SHB 1366 – VIDEO GAMING RATING SYSTEMS

This bill would require persons and retail establishments that sell video games, to post signs with nationally-recognized rating systems. Upon request, retailers would be required to provide consumers with information on the rating system.

The bill was amended to remove the language requiring the signs to be a specific size; and the requirement that the retailer provide each consumer who rents or purchases a video game with information explaining the video game rating system. The bill does require the retailer to provide information to anyone who requests it.

In Week Thirteen, the Senate passed this bill, 46-0. If the House agrees, it will go to the Governor.

SHB 1408/ SSB 5469 – CREATING AN INDIVIDUAL DEVELOPMENT ACCOUNT (IDA) PROGAM

See also INCOME SUPPORTS: individuals eligible for IDA’s include Foster Youth.

In Week Thirteen, the House bill was passed in the Senate, 44-0. If the House agrees it will go to the Governor.

The Senate bill appears DEAD.

2SHB 1483 / SB 5567 – CREATING AN “INVESTING IN YOUTH” PROGRAM

This bill’s intent is to create incentives for local government investments in cost-effective intervention services that reduce crime by reimbursing local governments with a portion of the cost savings that accrue to the state as the result of local investments in such services. Based on an existing model, it would create a pilot program limited initially to three sites with at least one in a large population center, and one in a relatively small population center.

The bill as amended directs the Family Policy Council, instead of the Juvenile Rehabilitation Administration at DSHS, to administer the reinvesting in youth program.

In Week Thirteen, the House bill remains in the Senate Ways & Means Committee. But it has been determined to be “necessary to implement the budget” and therefore did not die on April 4. Funding for this bill was included in the House budget ($997,000).

The Senate bill appears DEAD.

SHB 1661/ SSB 5500 – SPECIFYING PROCEDURES FOR TRANSFER OF JUVENILE PROCEEDINGS

This bill provides that if the court orders a transfer of venue, the case and the copies of all legal and social documents shall be transferred to the county in which the juvenile resides, without regard to whether or not his or her custodial parent resides there for supervision and enforcement of the disposition order.

The Senate bill appears to be DEAD.

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

2SSHB 1708 – REGARDING DROPOUT PREVENTION

This bill requires the Superintendent of Public Instruction to review and evaluate promising programs for dropout prevention. The bill requires a report to be made to the legislature by December 1, 2005 on the two most promising programs. It directs the superintendent to establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades 7-12. It includes requirements to show progress under the federal “No Child Left Behind Act of 2001.”

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

SHB 2061 – REQUIRING DISPOSITION TO BE HELD IN JUVENILE COURT IN CERTAIN CIRCUMSTANCES WHEN A CASE IS AUTOMATICALLY TRANSFERRED TO ADULT COURT

This bill extends Juvenile Court Jurisdiction to include the cases of juveniles found not guilty in adult criminal court, or if convicted in adult court of a lesser crime, and it gives the Juvenile Court exclusive jurisdiction over the case.

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

HB 2064 – CLARIFYING PROVISIONS RELATING TO AUTOMATIC TRANSFER OF JURISDICTION FROM JUVENILE COURT

This bill is a technical clarification related to the date of the offence.

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

SHB 2073 – REVISING JUVENILE SENTENCING

This bill declares that a juvenile is ineligible for a mental health disposition when adjudicated of several serious Class A felonies - including those that include use of deadly weapons.

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

SB 5254 - CREATING THE LEGISLATIVE YOUTH ADVISORY COUNCIL

This bill creates a Legislative Youth Advisory Council to examine issues of importance to youth, including education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis. The council shall advise on youth issues from budget expenditures to policy matters. It will hold meetings and seminars and report annually to the legislature on its activities. Not DEAD last week it was voted DO PASS.

It is now in the House Rules Committee, to be scheduled for the Floor.

SSB 5288 - SPECIFYING HOW CUSTODIAL INTERROGATIONS OF JUVENILES MAY BE CONDUCTED

This bill requires that when a law enforcement officer takes a juvenile into custody, the officer must immediately make attempts to notify a parent, guardian, or custodian that the juvenile is in custody, where the juvenile is being held, and of his or her right to consult with the juvenile. No statement, admission, or confession (written or oral) of a juvenile under the age of 17 years given as the result of interrogation by law enforcement officials is admissible unless the parent, guardian, or custodian were present and all legal conditions were met. Provides that if a juvenile expresses fear or distress at the prospect of notifying the juvenile’s parent, guardian or custodian that leads an officer to believe there is a possibility of abuse or neglect, the juvenile may have another interested adult or an attorney present.

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

SSB 5502 - REVISING JUVENILE SENTENCING ALTERNATIVES

Certain juvenile offenders fourteen years of age or older convicted of an A+ offense who attempted, conspired, or solicited others to commit a class A offence, or offences committed when armed with a deadly weapon, shall be ineligible for the mental health disposition option.

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

SB 5583 - REQUIRING TRAINING OF CHILDREN'S ADMINISTRATION EMPLOYEES CONCERNING OLDER CHILDREN WHO ARE VICTIMS OF ABUSE OR NEGLECT

This bill requires the Department of Social and Health Services to develop a curriculum to train the staff of the Children’s Administration on how to screen and respond to referrals to child protective services when those referrals may involve victims of abuse and neglect ages 11-18.

It is now scheduled for the House Floor.

Budget Issues:

The Governor’s Budget and the House Budget both eliminate funding for the Secure Crisis Residential Centers (SCRCs ($9.1 million)

The Senate Budget provides funding for the Secure Crisis Residential Centers - SCRC’s.

The Senate Budget provides $100,000 to expand TeamChild, a program that helps troubled youth secure the community based services they need by providing civil legal advocacy, and also offers less costly alternatives to incarceration.

The House’s Budget: provides $1 million for the Individual Retirement Accounts (IDAs).

MENTAL HEALTH

SHB 1