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Welcome to Policy Watch 2005
WEEK 15
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
NOTE TO READERS
In this last week of Session, two special notes are necessary.
First, my thanks to Cris Kessler, who has once again (for the third straight year) volunteered many hours to monitor the bills under three sections: Children’s Issues, Child Welfare, and Juveniles/Youth. Those of you who care about youth will have noticed that PW’s listing of bills related to juveniles/youth has grown steadily – that is thanks to Cris.
Second, this is not just the last issue of POLICY WATCH for 2005, but the last issue. When I began writing this over a decade ago, there were fewer resources available to the average citizen wishing to monitor the legislature or track bills. In the early years, PW filled a real gap.
Now the situation feels very different. The Legislature’s website has become such a wonderful resource that anyone with access to a computer can do for themselves much of what PW does: read summaries of bills, check a bill’s status, see whether there are Public Hearings or Executive Sessions scheduled, learn who voted Aye or Nay and whether there were any amendments. Learning the jargon takes some patience, but understanding the basics is manageable – and the Legislative Information Service is remarkably responsive with information and answers to questions large and small. Those with access to Cable TV can actually watch some part of every day’s proceedings on TVW. Plus, the various advocacy groups all try to let their readers know when their voices are needed, along with a sample message or two. (Most will also be preparing a “Session Wrap-Up” to offer their assessment of results overall. You’ll want to check with them to get an overview of the Session once it officially adjourns.)
I plan to gather a collection of the short explanations about the process into a booklet for anyone who might find that useful. And I’m open to suggestions: if there is something you feel you need – and can’t get elsewhere – feel free to suggest it. If it is a gap I can fill next year, I’ll consider it.
But it’s time for the longest email in the Western Hemisphere to adjourn, “sine die” as they say in the legislature. It’s been a good run, and I’ve appreciated the many email correspondents I’ve acquired along the way.
Most important, I want to thank all of my PW readers. At a time when it is popular to treat everything and everyone in government like a bad joke (or worse), it is doubly important to thank and nurture those who respect the process and take seriously what it means to be a responsible citizen. POLICY WATCH, you will have noticed, reflects a different perspective. I retain a strong belief in our representative democracy, and enormous respect for the people who serve it: legislators, legislative staff, paid and volunteer lobbyists, everyone who speaks up. For citizens to stay informed and get involved takes a bit of effort, but the rewards for us both as individuals and as members of a larger community are incalculable.
As Thomas Jefferson remarked: “When the people are well-informed, they can be trusted with their government.” So, thanks for reading. Stay informed, involved, and worthy to be trusted with this precious thing we call democracy. Our government is only as good as we make it.
PART I – THE PROCESS
Week Fifteen - THE SCENE
By the time you get this, either the legislature will have taken a brief break for Passover and agreed to come back for a short “Special Session,” or the last gavel will have come down on the 2005 Legislative Session.
Because final budget details were not available as this is written, the “budget items” sections will offer information on advocacy groups that monitor budget items and bills in that category. Check with them in a few days – they’re likely to have a “Session Wrap-up” and final news on the budget items important to their readers.
THE PROCESS at work: one example.
This last week of Session was more tense than anything, as last decisions on the budget were hammered out, and tired legislators, lobbyists, and staff began each day early and stayed late to get as many bills as possible voted on and sent to the Governor.
Unquestionably the most dramatic moments came during the nearly two hours that the state Senate considered HB 1515 – the Anti-Discrimination Act of 2005. This is a bill with a long history: first introduced 28 years ago by the late Senator Cal Anderson, and introduced every year since. It has been passed – more than once – by the House of Representatives, but never allowed to come to a vote in the Senate until this week.
Earlier in the process two Democrats joined Senate Republicans in sending the bill back to a Committee at a time when cut-off dates had passed and final action seemed unlikely. But its supporters did not give up, and suddenly on Thursday, just before 11:00 am, anyone standing in any of the Capitol buildings could hear snatches of phone conversations - receptionists and aides exclaiming into their phones - "WHAT?!? 1515 is on the floor? NOW?!?!" Soon people were running through the halls and over to the Capitol building... up to the Senate galleries on the 4th floor… hoping to be present as history was made.
First there was about an hour of maneuvering by Senators who did not want the bill to come to a vote, did not want to have to be recorded either against or for the bill. Sen. Luke Esser, the Republican Floor Leader, led that effort: insisting on recorded votes on a previous amendment, raising parliamentary challenges, questioning the process - followed by vote-after-vote along party lines. By noon - when that phase was winding down - the Senators were milling around, talking on their cell-phones, strolling off the floor, reading emails on their laptops. Up in the galleries, staff and visitors alike were chatting.
Then the maneuvering was over: HB 1515 was called up for Second Reading (when debate and amendments are in order), with the Lieutenant Governor presiding in his role as President of the Senate. In the visitors’ galleries and on the floor - the chatter stopped: Senators moved to take their seats, and the place grew still. Just off the Senate floor, it was possible to glimpse small groups of Representatives who’d come to watch the proceedings from closest vantage point possible.
For nearly an hour Senators spoke for and against the bill – many in personal and highly emotional terms; more than one choked up a bit. Opponents and supporters alike made reference to their religious beliefs, their respect for one another, their understanding of fundamental American values. But when the bill moved to Third Reading (when there is no more debate, no more opportunity for amendment) and the final roll call was taken, the bill lost by a single vote: 24-25. All of the Senate Republicans and two Senate Democrats voted against; all the remaining Democrats voted for. Those in the gallery sat in stunned silence before stumbling out; some cried. A Representative encountered on the steps soon after put his head in his hands and said: “At moments like this I feel ashamed to be a member of this body.”
For those who care about the issue and the process, three points are worth noting. First, supporters of this bill included people of different ages, genders, religions, and backgrounds; they were urban and rural, heterosexual and members of the GLBT community. This wasn’t about a small group seeking “special status” as some contend, but about respecting basic rights for all. Second, many of the Senate speeches mentioned personal considerations – personal experience with prejudice, communications from constituents, the friendship of gay colleagues, particular testimony (e.g, supportive testimony from the business community and religious leaders got special mention). It was one more reminder that votes are not influenced by information alone: relationships, emotion, and personal experience all play a role. Third, throughout this very trying experience, the bill’s chief sponsor, Representative Ed Murray, has been a class act. From the beginning he refused to “target” legislators who might not agree with him. And despite the disappointment of seeing the bill fail once again (he’s introduced it every year since coming to the legislature and worked on it even longer), he quickly moved to urge supporters not to be vindictive, not to engage in any personal attacks on those who voted “no.” This bill will not go away, he promised; those who believe this is a matter of fundamental human rights will not go away – they will be back to fight another day.
If anyone in Olympia should need another regular reminder, that’s also readily available. Just outside the Capitol building there is a stone beneath a flowering cherry. The inscription on it reads:
"This tree is dedicated to Senator Cal Anderson as a tribute to
his integrity, dignity and courage in striving to make all citizens
of Washington State equal under the law.”
A few last thoughts.
No matter what your issue, this Session is likely to seem a mixed proposition. On the plus side of the ledger are: some badly needed election reforms; funding (finally) for two education initiatives and more spaces in higher education; no prescription co-pays for low-income people; replacement of lost federal mental health funds; and a major new approach to chemical dependency and mental illness. Over on the minus side of the ledger are the legislature’s failure to adequately fund child welfare reforms, move the date of the state’s primary, allow education levies to pass with a simple majority, adequately improve what the state pays social service providers (everyone from child care and foster parents to long term care providers), or deal with rising health care costs. Much of what did not get done was stalled by the unwillingness of voters and legislators alike to tackle the need for comprehensive tax reform. Our current system isn’t just unfair, it is inadequate and poorly understood. If we are to have the kind of government services or communities we claim to want, we need to fix that.
As you make your assessment of this Legislative Session, ask yourselves five questions from the perspective of issues you care about.
1. Were good policies passed?
- Were bad policies defeated?
- Were good budget decisions made?
- Were bad budget decisions avoided?
- What groundwork does this Session lay for the future?
PRACTICAL TIPS
One last time: Speak up. Make yourself heard. Send a message via mail or email, from home. Or call the HOTLINE and send your message to the Governor. Your message can be as brief as: “…please vote to retain/cut ______ in the budget. Thank you.”
On the budget. Remember that this is the only bill on which the Governor can veto a single line. If there is a line item in the budget that you wish to see protected or eliminated, let the Governor know.
On bills. If a bill you care about has been sent to the Governor, but hasn’t been signed, make sure the Governor knows what you want: the bill signed, or vetoed. In our state the Governor can accept the entire bill (sign), reject the entire bill (veto), or reject sections of a bill (partial veto). The same holds true for the budget, because when it comes to the budget, the Governor also has the power to single out line items for a veto.
Toll-Free Hot-Line:1-800-562-6000.
** Last Olympia Jargon: Sine Die. Each day when the legislature adjourns, the person wielding the gavel announces when they will convene again. But the last day of Session is different. That day they adjourn “sine die” -- a Latin phrase used when the last gavel strikes, to mean they have adjourned without naming the day to reconvene.
PART
III - SOME ISSUES
This section notes upcoming hearings, plus categories
of bills, including:
Fair warning: This bulletin only comes out weekly, and
does not pretend to be comprehensive. If there is an issue category you care about,
use the legislative website to monitor (www.leg.wa.gov) because the action changes
daily.
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 may have survived as a Budget Proviso.
Prescription Drugs
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.
The House agreed to the Senate changes; it goes next to the Governor for signature.
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.
The Senate bill has gone 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.)
T he Senate bill goes next 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.
The Senate bill goes next to the Governor for signature .
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.
The House bill 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.
The House bill has been signed into law by the Governor. It becomes effective 7/24/05.
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:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
WA Association of Area Agencies on Aging: w4a@olywa.net
Service Employees International Union: rmabr@aol.com
Alzheimer’s Association of WA - Patricia.hunter@alz.org
BUDGET
Late on 4/22 the legislature agreed to a package of $481 million in revenues to fill the budget deficit and meet growing needs. Included are: a 60 cent/pack increase in cigarette taxes (raising $175 million), an increase of $1.33/liter in liquor taxes (raises $50 million), a restoration of the state estate tax which was briefly set aside by the Court (raises $139 million).
The state’s Reserve fund would remain at $200 million.
A few highlights:
Two voter-approved education initiatives (costing about $140 million each) will be financed.
Lost federal funding ($80 million) for mental health services is restored.
A new comprehensive mental health/chemical dependency treatment bill is partially funded.
There will be no co-pays for prescription drugs or transportation to medical appointments.
Basic Health Plan enrollment remains at 100,000.
Undergraduate tuition is increased by 5-7%, but enrollment slots and financial aid are increased.
The Final budget should become available soon (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.
Or check:
The Senate Ways & Means Committee website:
http://www1.leg.wa.gov/Senate/Committees/WM/
the House Appropriations Committee website:
http://www1.leg.wa.gov/House/Committees/APP/
You can also check with any of the groups listed in PART III – USEFUL INFORMATION – for budget details on the items you care most about.
The Capital Budget increases funds in the Housing Trust Fund by $20 million (to $100 million).
The Federal Budget Will Continue to Play 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.
For example, 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. However, even without these proposed cuts the state faces serious deficits; with reductions in federal spending 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. A Conference Committee with members of both bodies has been appointed to try and reach agreement between the House and Senate versions.
CHILDREN
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.
The Governor signed the House bill and it is now law.
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 an area-wide soil contamination school and child care facility certification program for facilities within area-wide soil contamination zones to reduce the risk of exposure.
Amendments clarify 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, not 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 ‘06 and ‘08. 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 Fifteen, this bill was approved by both the House and the Senate it will now be sent to the Governor for signature.
SHB 2029/ SB 5903 – REQUIRING THE DIRECTOR OF THE OFFICE OF PUBLIC DEFENSE TO OVERSEE AND MONITOR LEGAL REPRESENTATION OF PARENTS IN DEPENDENCY AND TERMINATION PROCEEDING
This bill means to enhance the quality of legal representation in dependency and termination hearings. Attorneys, and agencies providing representation shall comply with the following: 1) Meet caseload requirements for dependency and termination cases, in accordance with standards published by the Office of Public Defense; 2) Implement enhanced defense attorney practice standards published by the Office of Public Defense, including reasonable case preparation and the delivery of adequate client advice; and 3) Use investigative and expert services.
In Week Thirteen, the Senate bill remains in the House Appropriations Committee and now appears to be DEAD. However it may be ”necessary to implement the budget” especially if parent representatives money is in the budget.
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.
On Saturday, 4/16, the Senate agreed to accept the House bill; it goes now 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 Fifteen, this bill was agreed to by both houses; it will now go to the Governor for signature.
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 Fifteen, this bill was agreed to by both houses; it will now go to the Governor for her signature.
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 have the Task Force staffed by legislative Committee staff.
In Week Fifteen, this bill was delivered to the Governor for her signature.
Budget Issues
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Children’s Alliance: hyeok@childrensalliance.org
Washington State Association of Head Start/ECEAP: robbindunnwsa@comcast.net
WA Association for the Education of Young Children: roberta@waeyc.org ;
Washington State PTA - Mkenfield@wastatepta.org
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: Despite some amendments, the bill as passed was basically the bill as introduced.
In Week Fifteen, both houses agreed, and the bill will be sent to the Governor for signature.
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 Fifteen, this bill was delivered to the Governor for her signature.
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.
In Week Fifteen, this bill was agreed to by both houses, and will now be sent to the Governor for her signature.
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 Fifteen, this bill was delivered to the Governor for her signature.
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.
In Week Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
SHB 1482 – REVISING PROVISIONS ON CHILD ABUSE AND NEGLECT
This bill is DEAD. BUT… SHB1482 was amended onto SB 5922 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.
On 4/23, the Senate accepted the House changes; it will now be sent to the Governor.
SHB 1663 – CREATING THE PREVENTION AND INTERVENTION INVESTMENT COUNCIL
This bill is DEAD. BUT…, 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.”
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 Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
.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 Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
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.
Amendments: 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)
On 4/23, the Senate accepted the House changes; it will now be sent 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. Although Resolutions do not have the force of law and are not subject to the cut-off dates, it appears DEAD.
Budget Issues:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Children’s Home Society: lippoldlau@aol.com
Children’s Alliance: hyeok@childrensalliance.org
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.
The House bill has been signed by the Governor; it is already effective.
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.
This and two other 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.
SB 5702 - is a similar, though not identical, Senate bill. It appears to be 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.
This bill was still being discussed on 4/22, in the hope of reconciling differences between the House and Senate. At this writing, its fate is unknown.
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 passed the Senate by a vote of 47-0. If accepted by the House as passed, or remaining differences are resolved, it goes to the Governor for signature.
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.
This bill i s on its way to the Governor for signature .
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.
The Senate bill is on its way to the Governor for signature.
Budget items :
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
the ARC of Washington: grier@arcwa.org
Washington Protection & Advocacy: philj@wpas-rights.org
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.
The House bill is on its way to the Governor for signature .
Prescription Drugs
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.
The House agreed to the Senate changes; it goes next to the Governor for signature.
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.
The Senate bill has gone 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.)
T he Senate bill goes next 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.
The Senate bill goes next to the Governor for signature .
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 goes next to the Governor.
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 issue may appear as a budget proviso, since both the House and Senate budgets include $25,000 for this purpose .
The Senate bill goes next to the Governor for signature .
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.
This bill remains alive as a bill "necessary to implement the budget.” 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. Details on this issue are likely to go right down to the wire.
This bill was passed by the House on 4/21; it must still be passed by the Senate, and then go to the Governor for signature.
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 goes next to the Governor for signature .
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.
The House bill goes next to the Governor for signature.
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 remains alive as a budget proviso. Funding for it is in two of the budgets.
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; passed the House by a vote of 94-0. It was listed on the Concurrence Calendar but should go soon to the Governor for signature.)
The Senate bill goes next to the Governor for signature.
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.
This bill was signed into law by the Governor; it takes effect on 7/24/05.
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 now appears DEAD.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Nick Federici: nickf@earthlink.net
American Lung Association of WA - legnet@alaw.org
Washington Citizen Action - brett@wacitizenaction.org.
Washington For Health Care - christy@imahealthcarevoter.org
Washington State Nurses Association - Apiazza@wsna.org
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.
The House bill goes 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.
The Senate bill goes 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.
The House bill goes 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.
This bill goes soon 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.
This bill was signed into law by the Governor; it takes effect on 7/24/05.
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).
This bill goes soon 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 Conference between House and Senate negotiators on the Capital budget have agreed to include $100 million for the Housing Trust Fund – that’s $20 million more than currently.
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
WA Low Income Housing Alliance - mail@wliha.org ;
Seth Dawson: sethdawson@att.net
Nick Federici: nickf@earthlink.net
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 in the Budget.
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 goes soon to the Governor for signature.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Anti-Hunger and Nutrition Coalition: Shelley@childrensalliance.org
Food Lifeline/Second Harvest Food Bank - moran_consulting@msn.com .
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.
On 4/22/05, this bill was signed into law by the Governor.
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 Senate bill now appears DEAD.
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.
The House bill goes 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 bill as passed was basically as introduced.
The Senate bill has been delivered to the Governor for signature.
SHB 1408/ SSB 5469 – CREATING INDIVIDUAL DEVELOPMENT ACCOUNTS
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.
The House bill goes soon to the Governor 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.
The House bill goes soon 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 Senate bill goes soon to the Governor for signature .
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 Senate bill passed the House, 95-0. On 4/16 it was listed on the Concurrence Calendar . Once passed, it goes to the Governor for signature.
SSB 5850 – CLARIFYING DEFINITION OF “SICK LEAVE” FOR FAMILY LEAVE
This bill goes soon to the Governor for signature .
NOTE: An issue not tracked by PW but significant to the incomes of many workers is the newly-adopted change in the state’s Unemployment Insurance system.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Bob Cooper: bob@bobcooper.org
Economic Opportunity Institute – marilyn@eoionline.org
Statewide Poverty Action Network: span@povertyaction.org
Welfare Rights Organizing Coaliton: wrocoly@wroc.org.
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.
In Week Fifteen, this bill was delivered to the Governor for her signature.
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. Final bill now includes technical changes from HB 1082.
In Week Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
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 children’s 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.
This bill has been signed by the Governor and is now law.
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 Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
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 Fifteen, this bill was delivered to the Governor for her signature.
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 Fifteen, this bill was delivered to the Governor for her signature.
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 Fifteen, this bill was delivered to the Governor for her signature.
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 (one in a large population center, and one in a 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. Funding was included in the House budget ($997,000).
This bill is considered “necessary to implement the budget” and therefore remains alive.
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.
This bill was signed by the Governor and is now law.
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 12/1/05 on the two most promising programs. It directs the SPI to establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades 7-12. It also includes requirements to show progress under “No Child Left Behind ….”
In Week Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
SHB 2061 – REQUIRING DISPOSITION TO BE HELD IN JUVENILE COURT IN CIRCUMSTANCES WHEN A CASE IS 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.
In Week Fifteen, this bill was delivered to the Governor for her signature.
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.
In Week Fifteen, this bill was delivered to the Governor for her signature.
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.
In Week Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for her signature.
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.
In Week Fifteen, this bill was delivered to the Governor for her signature.
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.
In Week Fifteen, this bill was delivered to the Governor for her signature.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Children’s Alliance: hyeok@childrensalliance.org
Childrens Home Society: LippoldLau@aol.com;
MENTAL HEALTH
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. The final version of this bill now includes technical changes from HB 1082.
In Week Fifteen, this bill was agreed to by both houses and will now be sent to the Governor for signature.
HB 1154/ SB 5450 – MENTAL HEALTH PARITY
This bill r equires that group health insurance plans provide the same amounts and terms of coverage for mental health services as they do for medical and surgical services. Exempt from this requirement are small businesses (i.e., those with fewer than 50 employees) – but insurers must offer optional mental health coverage to them. The bill phases in 1/1/06 – 7/1/10.
This bill has been signed into law.
SHB 1290 – MODIFYING COMMUNITY MENTAL HEALTH SERVICES PROVISIONS.
This bill concerns funding for the Regional Support Networks.
This bill is on its way to the Governor.
2SSB 5763 – ENACTING THE OMNIBUS TREATMENT OF MENTAL AND SUBSTANCE ABUSE DISORDERS ACT OF 2005
This bill has 913 (yes, 913!) provisions which would: provide for assessments, to assure the right treatment and appropriate services in appropriate settings, and to better determine the actual need for services for co-occurring disorders; provide for a 2-year, 2-county pilot program (with statewide implementation to be dependent on results of a 2-year study of experience); establish chemical dependency intensive case management for high utilizing clients; expand chemical dependency treatment to 40% of identified need in 2006 and 60% in 2007 for both children and adults; expand the use of evidence-based and research-based practices and give providers the appropriate training; expand the competency restoration program at Western State Hospital – in part to speed up appropriate processing and relieve the overcrowding in local jails; expand mental health and drug courts and family therapeutic courts to reduce dependencies and criminal involvement; suspend (rather than terminate) Medicaid for those in jail or in state hospitals; create 2 new evaluation and treatment centers for short-term treatment of civilly committed clients … and more. Counties would be permitted to levy a 1/10 th of 1% sales & use tax to provide for new or expanded mental health or chemical dependency treatment (not to be used to supplant existing resources). The bill is organized in nine parts covering six areas. The Senate Bill Report (available at the www.leg.wa.gov website, by typing in the bill number) provides a very useful summary. This bill has been much amended.
A Conference Report reflecting changes acceptable to both the House and the Senate has been adopted. It goes soon to the Governor for signature. It appears that much of the funding needed for this bill is in the budget.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Washington Protection & Advocacy: PhilJ@wpas-rights.org ;
WA Community Mental Health Council: cgaylord@wcmhcnet.org;
Seth Dawson: sethdawson@att.net
National Alliance for the Mentally Ill – WA: director@nami-greaterseattle.org.
Known:
- $80 million was provided in the budget to replace lost federal mental healthfunding.
- Much of the money required to implementing the Omnibus Mental Health & Substance Abuse Act(SB 5763) is believed to be in the final budget.
REVENUES/TAX POLICY
TWO NOTES:
Revenue items before the Fiscal Committees (Appropriations, Finance, and Ways & Means) are considered “necessary for the budget,” and may not be settled till the very end.
In Week Fourteen, legislators adopted amendment to the state’s spending limit to permit taxes to be raised with a simple majority, rather than a super-majority, vote.
HB 1069 – REQUIRING PERFORMANCE AUDITS FOR TAX PREFERENCES
This bill recognizes that tax preferences are enacted to meet objectives in the public interest. However, some tax preferences may not be efficient or equitable tools for achieving public policy objectives. Given the changing nature of the economy and tax structures of other states, periodic performance audits of tax preferences are needed. The bill directs the Citizen Commission for Performance Measurement of Tax Preferences to develop a schedule for orderly review of tax preferences at least once every ten years.
This bill remains in the Senate Ways & Means Committee.
HB 1096 – REQUIRING A TAX EXPENDITURE REPORT AS PART OF THE BIENNIAL BUDGET DOCUMENTS.
There are currently more than 400 tax exemptions available in Washington, including various tax exemptions, exclusions, deductions, credits, deferrals, and preferential rates (also referred to as "tax preferences"). There is already a report every four years describing each exemption, its year of enactment, purpose, primary beneficiaries, and estimated fiscal impact. This bill requires a tax expenditures report as part of the Governor's biennial budget documents, listing all tax exemptions and categorizing each according to the program or function it supports. The Governor will then recommend whether each exemption should be allowed to terminate, continue, or continue with modification.
This bill remains in the Senate Ways & Means Cttee. It did not make the cut-off but supporters are trying to keep it alive as part of the budget.
SHB 1299 – REPEALING OUTDATED AND UNUSED TAX PREFERENCES
This bill would update and simplify the tax laws by repealing those tax exemptions, deductions, credits and assorted preferences that are outdated, no longer providing relief, or otherwise useful.
This bill goes soon to the Governor for signature.
HB 2075 – MODIFYING CIGARETTE TAXATION
This bill would increase the tax on a pack of cigarettes from $1.425 to $2.50 – the highest in the nation. The revenues generated would be deposited into the health services account (83%) and the youth tobacco prevention account (17%). See also SB 5829.
This bill appears DEAD. (It may reappear as part of the budget process, particularly now that both the Governor’s and Senate budgets propose raising the cigarette tax.)
SB 5829 – AUTHORIZING AN ADDITIONAL TAX ON CIGARETTES
This bill would increase the tax on a pack of cigarettes from $1.425 to $2.025, with the new revenues earmarked for basic health enrollment. It stems from data showing that every 10% increase in the retail price of cigarettes will reduce adult smoking by about 4% and reduce teen smoking by approximately 7%.See also HB 2075.
This bill has re-appeared, and on 4/21 was sent to the Senate Floor (It may become part of the budget process, since the Governor’s and Senate budgets propose raising the cigarette tax.)
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Economic Opportunity Institute – marilyn@eoionline.org
Washington Citizen Action - ania@wacitizenaction.org
Service Employees International Union: ellie@seiuwa.org
RIGHTS/OPPORTUNITIES
SHB 1426/ SSB 5407 – ESTABLISHING AN INTERAGENCY PLAN FOR CHILDREN OF INCARCERATED PARENTS.
This bill intends better support for children whose parents are incarcerated by encouraging the state agencies involved with their families to coordinate and expand existing services for these families. The Departments of Corrections and Social and Health Services are directed to establish an oversight committee to develop a comprehensive interagency plan for necessary services and supports for these children.
The House bill goes soon to the Governor for signature .
HB 1495/ SB 5655 – REQUIRING THAT WASHINGTON’S TRIBAL HISTORY BE TAUGHT IN THE COMMON SCHOOLS.
This bill originally would require that by 1/1/15 (earlier if a school district is adopting its social studies curriculum), a school district must include in its history and social studies curricula for each grade in which the district offers instruction on Washington state and United States history, the tribally and district-approved history and culture of a federally recognized Indian tribe whose reservation sits within the boundaries of the school district, or is within a one hundred mile radius of the school district. It also requires that the teachers must have completed appropriate certification or been approved by the tribe whose curriculum is being taught. As amended, the bill has fewer requirements/more encouragement, and includes broader tribal representation.
The House bill goes soon to the Governor for signature.
HB 1515/ SB 6019 – EXPANDING THE JURISDICTION OF THE HUMAN RIGHTS COMMISSION.
Known as the Anderson-Murray Anti-Discrimination bill, this bill would add sexual orientation to the purview of the Human Rights Commission. Similar bills have been introduced for 28 yrs.
On 4/21, this bill was brought back to the Senate Floor. It failed to pass by one vote (24-25). Supporters have said they will be back again next year.
2SHB 1542/ SB 5531 – PROVIDING INDIGENT DEFENSE SERVICES
This bill changes existing law in one important respect: where current law reads that effective legal representation “should” be provided for indigent persons, the revised law would say that legal representation “must” be provided -- consistent with the constitutional requirements of fairness, equal protection, and due process in all cases where the right to counsel attaches.
On 4/22, the House bill was signed into law by the Governor.
HB 1876 – EXPANDING VOTING RIGHTS OF PERSONS UNDER GUARDIANSHIP.
This bill treats the right to vote as a fundamental liberty and not to be confiscated without due process, including when the individual is under guardianship. Under this bill an incapacitated person under limited or full guardianship will not lose the right to vote unless a court specifically determines the person to be incapable of rationally exercising that right and unable to make an individual choice.
This bill has been delivered to the Governor for signature.
SB 5087 - PROVIDING FOR A REVIEW AND UPDATE OF THE BEST PRACTICES AUDIT OF COMPENSATION AND EMPLOYMENT FOR PART-TIME FACULTY IN TECHNICAL AND COMMUNITY COLLEGES.
On 4/21 this bill was signed into law by the Governor.
HB 2137/ SB 5993 – PROVIDING ADDITIONAL FUNDING FOR CRIME VICTIMS’ COMPENSATION
This bill provides an appropriation of $3,627,000 to the Department of Labor for costs incurred by the Crime Victims fund.
On 3/28 the Senate bill was signed into law by the Governor; it took effect immediately.
SB 5127 – I MPROVING SERVICES TO VICTIMS OF HUMAN TRAFFICKING.
This bill would improve the coordination of services by various state agencies, in order to develop protocols for improved services to victims. This bill is prompted by the fact that battered immigrants are sometimes brought into this country by abusive spouses, through fraud or coercion, and find it difficult to navigate the system that might offer help. It would create a work group to develop protocols for delivery of services to victims of human trafficking, report to the legislature by 1/1/06, and establish an award to honor those who fight human trafficking or provide services to the victims
This bill goes soon to the Governor for signature .
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Equal Rights Washington: http://www.equalrightswashington.org/
Jewish Federation - governmentaffairs@jewishinseattle.org
Justice Works! - lzengage@northwest.net
Lutheran Public Policy office – pbenz@lcsnw.org
Washington State Catholic Conference – wscc@thewscc.org
SEXUAL ABUSE/DOMESTIC VIOLENCE
SHB 1147 – COMMUNITY PROTECTION ZONES
This bill provides that within two years each school district shall conduct at least one public hearing regarding the question of whether the district should adopt a written policy on notifying parents and guardians of students attending a school when the school receives a sex offender community notification. The district would make a good faith effort to provide at least fourteen days' advance notice of the meeting to local media, plus all parents and guardians. The bill also
declares that nothing in this shall be interpreted to impose a duty on behalf of the school district to adopt such a policy.
Amendments were adopted that delete the increased the penalty for failing to register for some sex offenders living in community protection zones; the requirement that sheriff make certain reports; and that school districts conduct public hearings regarding adopting a parental notification policy. However the bill would establish community protection zones around schools and prohibits certain sex offenders from living within those zones.
This bill goes soon to the Governor for signature .
SHB 1171 – LIMITING THE COURT’S DISCRETION CONCERNING DENIAL OF DISSOLUTION DECREES
This bill would provide that the Courts may not use a petitioner’s pregnancy as a basis for denial when considering a request for dissolution of a marriage. It stems in part from the case of Shawnna Hughes, who was denied a divorce from an abusive man due to her pregnancy.
On 4/14, this bill was signed into law by the Governor; it takes effect 7/24/05.
HB 1294/ SB 5434 – REVISING STANDARDS FOR ANTI-HARASSMENT PROTECTION ORDER HEARINGS.
On 4/22, the House bill was signed into law by the Governor.
SHB 1314 – CREATING THE DOMESTIC VIOLENCE PREVENTION ACCOUNT.
This bill would establish a Domestic Violence Prevention Account within the Department of Social and Health Services, from a $10 increase in marriage license filing fees, and a $20 increase in the filing fees associated with marriage dissolution, separations, and declarations of invalidity. The fund would be used for non-shelter based services. The bill was amended to allow $2.00 of fees collected to be retained at the county level for community-based services. The bill was amended again in the Senate, to shift the fees entirely onto dissolution (not also marriage licenses). If it is passed by the full Senate, it will have to be reconciled with the version passed by the House.
This bill goes soon to the Governor for signature .
SB 5148 – REPEALING THE CRIME OF “SLANDER OF A WOMAN”
Sponsors of this bill acknowledge that this is a rarely used, archaic bit of law; the purpose is to take such anachronisms off the books. It has attracted considerable press attention simply because it sounds so colorful. It takes effect in 90 days.
On 4/8 this bill was signed into law by the Governor . It takes effect on 7/24/05.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Northwest Women’s Law Center: nsapiro@nwwlc.org
WA State Coalition Against Domestic Violence: Action@wscadv.org
Washington Coalition of Sexual Assault Programs: toby@wcsap.org
Welfare Rights Organizing Coaliton: wrocoly@wroc.org.
NOTE: HB 2298/ SB 6094 – CAPITAL BUDGET, Governor’s Request Legislation
Included in the Capital Budget is the Housing Trust Fund -- 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. These bills are not subject to the cut-off. There is a $1 million set-aside for domestic violence shelters and transitional housing.
A Conference Report on this bill was agreed to by the House and Senate; it includes $100 million for the Housing Trust Fund - $20 million more than currently.
SUBSTANCE ABUSE/TREATMENT
Methamphetime
HB 1072 – INCLUDING SALTS, ISOMERS, AND SALTS OF ISOMERS IN CONTROLLED SUBSTANCES PROVISIONS
This is one of several bills which attempt to address the growing problem of amphetamine and methamphetamine production. Legislation was sought by Pierce County and many rural areas of the state where meth labs are a growing problem, and until now seemed likely to pass. However, pressure from pharmaceutical companies and drug retailers appears to be stalling the effort.
This bill has been delivered to the Governor for signature.
HB 2015 – CHANGING PROVISIONS RELATING TO JUDICIALLY SUPERVISED SUBSTANCE ABUSE TREATMENT.
This bill goes soon to the Governor.
2SSB 5763 – ENACTING THE OMNIBUS TREATMENT OF MENTAL AND SUBSTANCE ABUSE DISORDERS ACT OF 2005
This bill has 913 (yes, 913!) provisions which would: provide for assessments, to assure the right treatment and appropriate services in appropriate settings, and to better determine the actual need for services for co-occurring disorders; provide for a 2-year, 2-county pilot program (with statewide implementation to be dependent on results of a 2-year study of experience); establish chemical dependency intensive case management for high utilizing clients; expand chemical dependency treatment to 40% of identified need in 2006 and 60% in 2007 for both children and adults; expand the use of evidence-based and research-based practices and give providers the appropriate training; expand the competency restoration program at Western State Hospital – in part to speed up appropriate processing and relieve the overcrowding in local jails; expand mental health and drug courts and family therapeutic courts to reduce dependencies and criminal involvement; suspend (rather than terminate) Medicaid for those in jail or in state hospitals; create 2 new evaluation and treatment centers for short-term treatment of civilly committed clients … and much, much more. Counties would be permitted to levy a 1/10 th of 1% sales & use tax to provide for new or expanded mental health or chemical dependency treatment (not to be used to supplant existing resources). The bill is organized in nine parts covering six areas. The Senate Bill Report (available at the www.leg.wa.gov website, by typing in the bill number and then clicking on Senate Bill Report) provides a very useful summary. This bill has been much amended.
A Conference Report reflecting changes acceptable to both the House and the Senate has been adopted. It goes soon to the Governor for signature. It appears that much of the funding needed for this bill is in the budget.
HB 2115/ SB 5974 – PROVIDING INFORMATION TO PREGNANT WOMEN ABOUT OPIATE TREATMENT PROGRAMS
This bill seeks to notify all pregnant mothers who are receiving methadone treatment of the risks and benefits methadone could have on their baby, and to inform them of the potential need for the newborn to be taken care of in a hospital setting or specialized environment designed to address newborn addiction problems. It also directs the Department of Health to adopt rules that require all opiate treatment programs to educate pregnant women on the benefits and risks of methadone treatment to their fetus before they are provided these medications.
On 4/18, the Senate bill was signed into law by the Governor. It takes effect 7/24/05.
Budget Items:
The final budget decisions were not available as WEEK 15 was written.
For some of the options under discussion, check Week 14.
For a Session wrap-up and final budget actions in this category, contact:
Association of Alcohol and Addiction Programs: aapwa@qwest.net .
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