Welcome to Policy Watch 2007
PART I: Upcoming Advocacy Days:
No Lobby Days reported to POLICY WATCH for this week.
Weekly (or Multiple) Lobby Days
EVERY WEDNESDAY, The Arc of Washington State hosts a weekly Developmental Disabilities mini-Advocacy Day, from January 31 thru April 11. Each week a different disability issue is highlighted. For location and other details – go to: http://www.arcwa.org/advocacy_day.htm
EVERY THURSDAY, the Children’s Budget Coalition hosts a brown bag lunch.
Noon – 1:00 pm. – John L. O’Brien Building, Briefing Room. Briefings available on request. Contact: sarah@childrensalliance.org , or, jon@childrensalliance.org (206-324-0340 X 19).
PART II – WEEK 8 IN OLYMPIA
THE SCENE
At the beginning of this week there had been over 2,500 bills introduced in Olympia.
By the end of this week over 1,500 of those bills were dead for the year.
By Tuesday of next week, more will have died.
Regular readers will know that this is one of two or three “crunch times” in the process: a point when there are more bills to consider than time for considering them all, and when legislators are becoming daily more aware there won’t be room in the budget for everything they’d like to include.
One of the clearest barometers of what’s happening right now can be found in the daily schedules for the fiscal committees. With a March 5 cut-off looming for all bills with cost implications (they have to have been heard and voted on in a fiscal Committee by Close Of Business on 3/5), their schedules go into over-drive.
The Senate Ways and Means Committee met every day this week. And…
Over in the House, on Thursday of this week the House Appropriations Committee’s written schedule noted that they would start at 3:30 but “may go until 8:00 pm.” “May” indeed. At 11:00 pm that night the Committee was still voting on bills. The Appropriations Committee has another marathon session scheduled for all-day Saturday (3/3), followed by one last meeting that begins at 3:30 pm on Monday (3/5).
And lest anyone still thinks our legislators don’t work hard enough, they won’t get the next day off. Starting on Tuesday, both the House and Senate will be on the Floor: debating, amending, and voting on all the bills that made it through the process thus far.
TIP: If you want to see whether a bill you care about has survived this week’s cut-off, go to www.leg.wa.gov and click on Bill Information (one of the choices on the left). Then type the bill number in the search box, and see how far your bill has gotten in the process.
THE PROCESS – Sometimes Floor Action is a Mini-History Lesson
Since so much of a legislator’s time is taken up in the 3 or 4 Committees they sit on, Floor Action can be the first (often only) opportunity they have to debate the bills coming out of other Committees. As a result, those House and Senate Floor debates can easily turn into a combined glimpse into …history/culture/religion/letter-from-Miss-Manners.
That happened this week when Senate Bill 5336 -- a bill to protect individuals in domestic partnerships by granting certain rights and benefits -- came to the Senate Floor.
As Senator Ed Murray (the bill’s chief sponsor) noted when he rose to speak: “…sometimes a bill is both political and intensely personal, and this is one of those issues.” He may have been speaking for himself at that moment, but the sentiment applied to many of those present – as the bill’s emotionally-charged debate soon made clear.
One opponent offered an amendment to require that the issue be left with the voters at the next general election (it was defeated). Another Senator suggested that domestic partners could hire a lawyer and “purchase” the protections provided by the bill (Replied a supporter of the bill: “We should not have to ‘purchase’ what others have by right, and what we hold to be self-evident rights.”). Some expressed a heartfelt concern that passing this bill would undermine the institution of marriage, destabilize society, disrespect those who disagree because of religious beliefs, or create a new status with the privileges – but not the responsibilities – of marriage.
One Senator rose to insist that “with all due respect… no rights are being denied here (in Washington); this bill confers rights they already have.” With a bit of forethought and minimal attorney fees, he went on, one could fill out the necessary documents and be fully protected. But as he mentioned each circumstance (e.g., fill out a form saying who can visit you in the hospital… a form spelling out funeral/burial arrangements… a will to dispose of any assets...) a woman in the visitors’ gallery quietly whispered a rejoinder drawn from her very different experience: “… and when the hospital misplaces the form, domestic partners ARE denied access to someone who is ill or dying; …when blood relatives challenge funeral arrangements, the courts take THEIR side…”). Later, in the hallway outside, she explained that as someone who worked with HIV/AIDS patients she often saw gay couples denied these rights - even when they’d had that “bit of forethought” and signed all the necessary papers. One couple she knew - with a carefully drafted will and all the necessary legal documents - found their wishes completely ignored by the dying partner’s blood relatives, and over-ridden by the Court.
The reasons given in support of the bill were couched in equally personal, often emotional terms. Some Senators related their support for these rights to other movements for civil rights, or other broad concerns -- but most spoke in very individual terms. One Senator said, “my co-religionists will disagree with me,” but she would vote for the bill. That decision was shaped by what had happened to her friends, an older couple who remained unmarried to avoid reductions in their social security benefits. When the woman was dying, her partner of many years found himself denied the right to be with her in the hospital, denied the right to make the funeral arrangements for the woman he loved. In a voice filled with emotion, she asked that people like her friends be allowed the rights provided by the bill.
Several Senators mentioned their own long-lasting marriages, and said they did not feel threatened by granting other loving couples the rights conferred by this bill. Still others mentioned family members. Senate Majority Leader Lisa Brown spoke of her sister, a woman in a lesbian relationship who “…has filled out all the forms… submitted all the paperwork…” but worries constantly about what might actually happen if she or her partner were ill or dying. “I’m voting ‘yes’ for all the same-sex couples in the state,” she said, “and for my sister.”
Those very personal reactions were shared by many in the Senate Gallery and beyond. Earlier in the week an estimated 1500 people had come to Olympia to lobby for the bill on Equality Day – an event that included pastors and parents, members of the GLBT community and their heterosexual allies – an event that could have scarcely been imagined mere decades ago. During the debate and vote, a group of high school students from the Center School were in the visitors’ gallery; shortly before the debate, they stood in the area between the House and Senate office buildings, handing out fact sheets and talking about the bill to anyone willing to stop and listen.
Ultimately, a bi-partisan group of 29 Senators voted for the bill – 28 Democrats, 1 Republican; 18 Senators voted against the bill – including 4 Democrats (2 members were excused). That sent the bill to “the opposite house,” where a companion bill – House Bill 1351 – has also been moving through the process. Since the Senate bill passed first, SB 5336 will become “the vehicle,” the version of the bill that keeps moving. That may not happen immediately – a long list of other bills is already on the calendar. But the House is expected to give it a favorable vote, and the Governor has already said that she will sign the bill when it gets to her desk.
Being Effective in a Pluralistic Society
The Senate debate on SB 5336 was no doubt uncomfortable for some – at different times for different listeners. But during the debate one common idea was expressed: whatever position one has on a bill like this, we should be thankful that we live in a place where our differences are settled by discussion and majority vote, not by violence or autocratic rule. There are many places where such a debate could not even have occurred; there are times in our own recent history when that might have been the case. And it may leave some observers wondering how legislators who stake out such diametrically-opposed, emotionally-charged views can be expected to work together later. But that happens all the time.
It is not unusual to see the same legislators who work as allies on one issue, turn up as opponents on another – and vice versa. That’s one reason why the formal courtesies remain in place – e.g., referring to one another by their titles, expressing respect for a colleague before disagreeing with his or her views, thanking a Chair for an opportunity to be heard. Those courtesies help make it possible for people with strongly divergent views to work together and treat one another with respect. After all, many of those voting “no” on this bill are friends and allies on other issues; all of the bill’s 21 Senate sponsors are likely to be colleagues and/or co-sponsors of bills put forward by some of this bill’s opponents. (As Senator Ed Murray said with a smile, early in his floor statement: “If I didn’t know it might hurt some of you politically, I would mention the ways in which many of you have worked closely with me on other issues.”)
Above all it’s a good reminder why good advocates try to follow one cardinal rule: never do anything to close the door to further conversation. No name-calling or telling people off; no personal attacks. After all, today’s ally could become tomorrow’s opponent, and today’s opponent may well be needed as tomorrow’s ally. In a system where every issue needs 51% of the votes to win, and most issues are neither all good nor all bad, it’s always essential to keep the doors open for the next time.
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REMINDER: Whatever your bill or budget issue, and where-ever it stands in the process, your legislators need to hear from you. They are just a Toll-Free call away: 1-800-562-6000.
Enter the number of a bill you care about in the search box at www.leg.wa.gov, and check frequently to see whether it’s been sent to the Rules Committee, or to the Floor for 2nd Reading. When that happens, find ways to contact members of the Rules Committee and ask them to schedule your bill for the floor, or contact your own legislators and tell them how you want them to vote on the Floor. Then keep track by clicking on the Floor Activity Reports.
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SOME ISSUES –Because issue-specific groups and the state’s website provide such good information, POLICY WATCH only mentions a few of the many, many bills being considered. To see a list of all the bills introduced to date, go to www.leg.wa.gov and at Bill Information, and check the DAILY STATUS REPORT.
From Tuesday, 3/6 until COB on Wednesday, 3/14, the action will be on the House and Senate Floors where every Senator, every Representative, has a vote. After that, action on the budget will heat up… fast. So:
1) check often with an advocacy group that is working on the issues you care most about, and
2) check the legislature’s website often to track the status of the bills you care about; then
3) urge your Senator and Representatives to vote for/against the bills you care about.
Action on Bills
This week there was a LOT of movement, much of it encouraging to people who care about health and human services. Anyone who thinks that legislators only respond to people who write big campaign checks should take a look at the list of bills surviving the first Cut-off.
Many of the bills that would help children and youth in Foster Care were still alive after the Policy Committee cut-off. They won’t all still be alive by Tuesday, but for now, here are just some of the surviving bills concerning children and youth in foster care:
SB 5909 – supporting the needs of youth in Foster Care;
HB1201/ SB 5305 – extending Medicaid benefits to age 21;
HB 1131/SB 5155 – helping foster youth get beyond high school;
HB 1716 – educational achievement for children in Foster Care;
HB 1922 – Housing Assistance for foster youth;
HB 1284/ SB 5245 – changes in foster care placements,
HB 1333 – Child Welfare protections;
HB 1377 – Placement of children (passed the House 94-0);
HB 1602 – Basic Health Plan eligibility for foster parents; and
HB 1472/ SB 5971 – re racial disparities in the child welfare system (passed the House 95-2).
SB 5497 – Dropout prevention, including for foster youth.
An even bigger test will come in the budget: will Washington provide the money that the Foster Care system needs to make a positive difference in the lives of the children.
Several bills to expand health and mental health coverage also survived the cut-off:
HB 1088 – expanding mental health services for children
HB1460 -- extend Mental Health Parity (passed House 75-22)
SB 5446 – extend Mental Health Parity (on Senate Floor)
HB 1569 – Reform the WA Health Care system for small business/individuals
HB 1601/ SB 5279 – Creating a Children’s Environmental Health & Protection Council
HB 1644 - Eligibility for health care for Community & Tech. College employees
HB 1825 – provide funding for Public Health
HB 2094/ SB 5977 – Taxpayer Health Care Fairness (employers with >1,000 employees
To pay a premium for employees on Basic Health Plan or Medicaid
HB 2098/ SB 5930 – to enact recommendations of the Blue Ribbon Health Commission
SB 5093 – health coverage for all children by 2010 (on the House Floor soon)
SB 5830 – Home Visitation for high risk families
HB 1658/ SB 5659 – Family & Medical Leave Insurance
Some Domestic Violence-related bills survived cut-off:
HB 1703 – for a Pilot Program in DSHS offices
HB 2119/ SB 5953 – Penalties for domestic violence involving strangulation
HB 2191 – Deferred prosecution in domestic violence cases
SB 5900 – Domestic violence victim safety
Four of the bills proposing to shift to public financing of campaigns (as a way of reducing or even eliminating undo influence of large individual donors) are still alive:
HB 1186/ SB 5226 – to provide public financing in judicial campaigns, and
HB 1551/ SB 5278 – to allow public funding of local campaigns.
One key issue on the Education front remains troubled: Senate Joint Resolution 8207 - allowing local education levies to win by a “simple majority” (rather than 2/3rds, as is now the case). Winning this change has been a priority issue for parents, teachers, PTA’s, and many education-related groups for several years; it has even passed the House four times in the past, only to lose in the Senate. Because it involves a constitutional change, it requires a two-thirds vote in both the House and Senate.
This week, the Senate once again voted “no” – this time by a 30-17 vote, just three votes short of the two-thirds needed. But notice was given that supporters intend to try again. SJR 8207 may be down, but it isn’t yet “out.” (House Joint Resolution 4204 remains in the House Rules Committee, but House members won’t be asked to vote on it again unless the Senate does.)
Tax fairness issues are always tough to sustain momentum for, but one bill remains alive:
HB 1827 – requiring a tax expenditure report as part of biennial budget documents. This is simply an attempt to bring some visibility to the 500+ “tax expenditures” (a.k.a. tax breaks) that often simply get renewed year after year with little scrutiny. Since a list of all tax expenditures already exists, and every tax break represents revenues the state does not have for meeting critical needs – like mental health services or basic health care – this bill just asks that they be part of budget deliberations.
BUDGET
Some preliminary budget figures began appearing this week, from the new Appropriations Sub- Committees on Education and on General Government. More on that topic next week.
Because writing the two-year budget is the one thing the legislature must do, and because it affects every resident of the state, it is the legislature’s major task this year. BUDGET DRAFTING is already underway. If your bill or issue has budget implications, or a Fiscal Note, you need a champion on the budget-writing committees for your item/your bill (the Appropri-ations Committee in the House, and the Ways & Means Committee in the Senate). If one of your legislators sits on a fiscal Committee, be sure they know the budget areas important to you.
SOME BUDGET-COMMITTEE MEETINGS NEXT WEEK
The House and Senate versions of the Budget will be out following the March 13 Revenue Forecasts. This year the House budget will come first (within days of the Revenue Forecast), to be followed by the Senate version shortly after.
PART III
BILL NUMBERS:
House Bill numbers have four digits and begin with 1_ _ _ , or 2_ _ _;
Senate Bill numbers have four digits and begin with 5_ _ _, or 6_ _ _.
Thus a bill identified as HB 1058 would be the 58th bill introduced in the House; SB 6264 is the 1,264th Senate Bill introduced in the session. More recent bills have higher numbers.
Joint Resolutions begin with a 4_ _ _ (House) or 8_ _ _ (Senate).
KEY DATES It is important to understand the Legislative Calendar.
The Legislative Session in Olympia runs from January 8 – April 22, 2007. Every day – including Saturdays, Sundays, and all holidays – is counted in setting the 105-day Session. The legislature may also be in session on weekends later in the Session. The “cut-off dates” below control the action on bills. Bills that fail to get the requisite action before “cut-off” usually die.
…here are critical points in the 2007 Session:
- 1/08 – 2007 Session begins.
- 2/28 – last day for bills to be considered in the Policy Committees of the House/Senate - where they originate (a.k.a. "house of origin")
- 3/5 – last day for bill consideration in the Fiscal Committee (House or Senate) where they originate
- 3/14 – last day for bills to be considered on the floor in their “house of origin”
- 3/30 – last day for bills consideration in the Policy Committees of the "opposite house"
- 4/02 – last day for bill consideration in the Fiscal Committees of the "opposite house"
- 4/13 – last day for bill to be considered on the floor of the opposite house
- 4/22 – 2005 Session adjourns for the year.