|
February 15, 2010
Legislative Bulletin
|
|
|
|
|
|
| WSAC News Corner |
This week's Legisaltive Bulletin focuses primarily on bills that have passed and the critical bills WSAC will be actively working the next two days.
Your Action Needed
The House and the Senate inch closer to the halfway mark this Tuesday. All bills that are not necessary to implement the budget must pass out of their house of origin by 5:00 P.M. Both chambers worked on Saturday and sent bills across the rotunda to each other. Monday will be a long day on the floor with lots of angst and tension while we all try get our bills voted on.
Please contact your legislators and ask them to vote YES on these bills:
SHB 3179 and SSB 6424 provides counties and cities flexibility in raising and spending money. It is important for us to keep a vehicle alive in order to negotiate a final bill. Please keep calling or e-mailing your legislators and ask them to vote yes to keep these bills alive.
SB 6490 would decriminalize driving with license suspended in the 3rd degree (DWLS 3), reinstate the driving privileges of anyone whose license had been suspended due to DWLS 3, and remove the $75 relicensing fee. This bill will save counties significant money in court costs and indigent defense.
SB 6367 allows public records requestors to be directed to the specific website links where the responsive documents may be found. Counties believe this bill will lower the cost of responding to public records requests and allow the use of new technology.
SB 6851 and HB 3181 would assist counties and cities in meeting their stormwater management requirements. Funds are generated by increasing the Hazardous Substances Tax from 0.7 percent to two percent.
Adjusting Timelines for Local GMA Update Obligations
SHB 2992 would provide a three year extension for current deadlines for mandated Growth Management Act (GMA) plan reviews and updates in all counties and cities.
Clarifying the Interaction Between SMA and GMA
SHB 1653 clarifies which act governs critical areas within the shoreline area. All of the parties reached an agreement on Saturday afternoon and have signed off on an amendment. The amendment provides certainitiy to both local governments and landowners which rules apply.
Enhanced 911
The House bill from last year (HB 2351) is still alive, but it needs to be moved on the House Floor. They cannot do this until they either amend I-960 or find enough votes to constitute a two-thirds majority. SB 6846, which is sponsored by Sen. Brandland, was introduced and heard last week, but was not passed out of committee.
Please contact your legislators and ask them to vote NO on the following bill:
Wrongful Death Liability Expansion
SSB 6508 is an unprecedented expansion of Washington's wrongful death statute, greatly increasing the number of people who may file a wrongful death claim and ask for damages. This bill is estimated to cost state and local governments millions of dollars each year.
Legislative Steering Committee
WSAC's LSC came to Olympia on February 11th. No action was taken. Staff provided updates on the various bills of interest. The committee adjourned to go lobby legislators on county issues. Thanks to all the members that participated, your efforts made a difference and continue to make a difference. Legislators asked WSAC staff how amendments could be drawn to accomplish your requests. Nice work, thank you.
| |
|
|
| Property Tax |
|
School Levies
SHB 2893 provides the following changes to school levies from 2011 till 2017.
The levy lid is increased by 4 percentage points, including districts with"grandfathered" status. For non-grandfathered districts, this increases the lid from 24 percent to 28 percent.
The levy base continues to include amounts that the districts would have received under I-728 and I-732 if funding for these initiatives had not been reduced. Definitions are provided for the "I-728 rate" and the "I-732 base" to clarify how the inclusions attributable to I-728 and I-732 are calculated.
The Levy Equalization Act payments for qualified districts are increased from 12 percent to 14 percent.
The enhanced allocation for grades K-4 is included in districts' levy bases, in the
event that it is reduced in the future.
|
| Energy & Utilities |
This bill passed the House this week. The bill was amended to allow the Energy Facility Site Evaluation Council (EFSEC) to receive site certification applications for small alternative energy resources (less than 300KW) facilities in counties and municipalities that have not adopted permitting codes for these facilities in the last ten years. Provides that a site certification issued by the EFSEC for a small alternative energy resource facility preempts any local regulation adopted after the issuance of the site certification. Specifies that an interlocal agreement entered into by the EFSEC and any local government for the purposes of permitting small alternative energy resource facilities supersedes the authority of the EFSEC to site these facilities as provided in this act on a case-by-case basis.
While these amendments are in improvement to the bill because it acknowledges the prior ordinances adopted at the local level, we are still opposed to the bill because it allows EFSEC to preempt local regulations and processes.
|
| Human Services, Health & Housing |
|
Abolishing the Department of Social and Health Services (HB 2197)
HB 2197 would abolish the DSHS by July 1, 2011 and transfer its responsibilities into four smaller agencies, including the Department of Economic Services, Department of Medical Assistance, Department of Health and Rehabilitative Services, and the Department of Children's Services. Conversations around the bill has focused on recent television reports that have discussed child abuse and a series of negative newspaper articles related to care of the elderly under DSHS care.
The bill passed out of the House Ways and Means committee with strong bipartisan support and is currently on the House calendar awaiting floor action.
Allocating responsibility for court-related costs of involuntary commitment proceedings (SSB 6733)
A second substitute version of SB 6733 creates an interim workgroup to review allocation of court-related involuntary commitment costs. The original version would have required a county in which a commitment detention is initiated under the Involuntary Treatment Act to be responsible for court-related costs of an involuntary commitment if the hearing occurs in a different county. Since current practice differs around the state we worked with the committee and sponsor to ensure that all aspects of this issue are studied.
The bill is awaiting floor action in the Senate.
Relating to Treatment for Behavioral Health Disorders (SSB 6539)
SB 6539 responds to the need in some counties to allow residential facilities to provide treatment to both individuals with substance abuse disorders and individuals with mental health disorders. Current state law and regulation requires approved substance abuse treatment programs to be discrete from other treatment programs. The substitute version of the bill limits the scope of the bill to crisis facilities, which are defined as certified detoxification, triage, or crisis stabilization programs.
This bill has been passed out of the Senate Rules committee and is awaiting floor action in the Senate.
Detaining Persons with Mental Disorders (SHB 2882)
This substitute bill would change the standards related to emergency custody from presenting an "imminent likelihood of harm" to a "substantial likelihood of harm." It also would require the Department of Social and Health Services to track and review the outcomes of the 72-hour, 14-day, and 90-day detentions as a result of the change in the detention standard and annually report to the Legislature.
This bill is awaiting action in the House.
Concerning the Involuntary Treatment Act (HB 3076/SB 6791)HB 3076 and companion SB 6791 are at the request of the Governor and would expand the definition of "likelihood of serious harm." The bill also requires a study of mental health assessment tools.
Both the Senate and House version are awaiting passage.
Concerning Administration of the Medicaid Program (HB 3048)HB 3048, concerning administration of the Medicaid program, were introduced by request of the Governor. The legislation proposes transferring administration of the state's Medicaid program, now managed by the Department of Social and Health Services (DSHS), to the Health Care Authority. It continues to be unclear to stakeholders how this proposal will be implemented and any impact on county programs administered by DSHS, including the Regional Support Networks, chemical dependency programs and services for individuals with developmental disabilities. HB 3048 is awaiting floor action by the House.
|
| Land Use, Resources & Environment |
As the last day to move bills from their chamber of origin is on Tuesday of week six, this week will see a combination of floor activity early in the week and hearings later in the week. The status of things will change dramatically after Tuesday, but here are some items of interest as of Saturday. The House Local Government and Housing Committee will be hearing SB 5621 on Thursday the 18th at 10:00. This bill restricts the amount local governments may charge for hearing examiner fees. WSAC and AWC along with individual counties and cities will be testifying in opposition. HB 1956, which preempts local government decisions relating to the siting of tent cities on church properties, was moved out of the House. We are waiting to see if the Senate Human Services Committee will hold a hearing on this measure.
HB 2408 (notifying property owners of proposals to modify zoning requirements) is eligible for action by the full House.
The Senate version of the bill that would restructure the Growth Management Hearings Boards ( SB 6214) was moved to the House. WSAC would like to see this measure amended, as it includes language that would allow but not require an elected official to be part of the growth board. WSAC prefers the House version (2442) but it has not moved from the Rules Committee yet.
The bill which changes the definitions of members on the Board of Natural Resources statute ( HB 2503) appears to be ready to move from the House. WSAC supports this measure.
SB 6520, which extends the process for stakeholders negotiating the application of critical area ordinances to agricultural lands (being mediated by the Ruckelshaus Center) passed the Senate. The Senate version of the bill which provides jurisdictions planning under the Growth Management Act with three additional years to complete the next round of review and updates (SB 6611) moved to the House.
HB 3067, which requires King and Snohomish Counties to provide a process by which an applicant for a property development permit may record a covenant against title to the property in lieu of paying impact fees at the time of application, has not yet moved from the House.
Senator Ranker's measure which provides a process for marine spatial planning ( SB 6350) moved out of the Senate.
The bill that requires cities and counties to restrict uses that are incompatible with airports ( SB 6603) moved out of the Senate.
Finally, WSAC's bill ( SB 6641) that clarifies which forest practices applications are related to the conversion of land out of forestry use and into development has not yet moved out of the Senate Rules Committee. WSAC staff and several WSAC members have requested that the bill get pulled to the floor, but that has not happened yet. |
| Public Safety |
|
GOOD BILLS
Failure to Pay/Failure to Appear ( SB 6490)
Driving with a License Suspended in the Third Degree (DWLS3) is a misdemeanor. A person commits DWLS3 by driving a motor vehicle when his/her driver's license is suspended or revoked because of:
- Failure to respond to a notice of traffic infraction;
- Failure to appear at a requested hearing;
- Violation of a written promise to appear in court; or
- Failure to comply with the terms of a notice of traffic infraction or citation.
Senate Bill 6490 removes the Department of Licensing's authority to suspend a license for these reasons, effectively decriminalizing DWLS3.
In Washington, there are approximately 102,000 cases of DWLS3 filed annually, and approximately 45,000 convictions for this offense. These cases currently represent one third of the cases in courts of limited jurisdiction and filings are on the rise.
This Bill is supported by the WSAC LSC.
Enhanced 911 (HB 2351/SB 6846)
The House bill from last year is still alive, but it needs to be moved on the House Floor. They cannot do this until they either amend I-960 or find enough votes to constitute a two-thirds majority. SB 6846, which is sponsored by Sen. Brandland, was introduced and heard last week, but was not passed out of committee.
The current E-911 system, in part, uses 1960s technology and is in need of modernization. Approximately one-third of the cost of maintaining and operating E-911 is being paid by excise taxes. The other two-thirds of the cost are paid for out of general taxes paid by local governments.
The excise tax has not been increased since 1992 and costs have gone up significantly since then. Currently, more and more individuals, specifically those in urban areas are migrating from switch telephone access lines to newer technologies such as voice over internet protocol.
The major provisions of SB 6846 include:
- Counties may impose an E-911 excise tax for each switched access lines, radio access lines, and interconnected voice over internet protocol service line, in the amount not exceeding 70 cents per month.
- Counties imposing a county E-911 excise tax must provide an annual update to the E-911 coordinator detailing the proportion of their county E-911 excise tax that is being spent on: efforts to modernize their existing 911 system; and basic and E-911 operational costs.
- Counties imposing an E-911 excise tax must contract with the Department of Revenue (Department) for the administration and collection of the tax.
Momentum has stalled a little on these bills, SB 6367 appears to be the vehicle for the website bill, but the Senate still needs to act on it. HB 2583 is the only version alive for the meet and confer bill, we are having a hard time having it placed on the floor calendar.
HB 2582/SB 6367 would allow public records requestors to be directed to an internet address where the responsive records can be found on the agency's website while making provisions for requestors without internet access. The bills were amended to clarify that requestors must be directed to a link to the specific document being requested, not just the responding agency's website.
HB 2583/SB 6368 would provide for a voluntary conference between the agency and the requestor to clarify the request. If an agency or requestor files a lawsuit based on the request without participating in a conference, the court would have the discretion to reduce any award for costs, including penalties. The House version was amended to clarify that the one-year statute of limitation on filing court actions and the application of daily penalties do not apply to the 15-day period for conference.
Stating the Policy that Law Enforcement Personnel be Truthful and Honest in the Conduct of Official Business (SSB 6590)
This bill was placed on the Senate Floor calendar, in its current form it only has intent language.
This bill is in response to the Washington State Supreme Court case, Kitsap County Deputy Sheriff's Guild v.Kitsap County, 167 Wn. 2d 428 (2009). In this case, the court reviewed Washington law and found that there was no explicit, well defined, and dominate public policy requiring termination of an officer found to have been untruthful.
This bill would create a new public policy which states that all commissioned, appointed, and elected law enforcement personnel be truthful and honest in the conduct of their official duties.
BAD BILLS
Wrongful Injury or Death (SB 6508)
Quite an eventful Saturday in the Senate on Wrongful Death. We had two amendments that we tried to hang on this bill, the Senate defeated a Senator Berkey/Haugen amendment to set the age limit at 26 years old by a vote of 24-22, thereafter, on a tie vote 23-23, the Senate rejected a Senator Hargrove/Brandland amendment to limit joint and several liability for government entities for the new kinds of claims. Senators Haugen; Brandland; and Macaslin, were all absent, and would have likely swung the votes our way. As it was, we had all of the Republicans present, and they were joined by Senators Berkey; Fraser; Hargrove; Hatfield; Kastama; Sheldon; and Shin. We will get another shot at this on Monday.
For those of you whose Senators supported us, please thank them on Monday, and encourage them to continue their support.
For members whose Senators were not supportive, please encourage them on to vote no on the bill. In the very least, they should be able to support amendments that limit the fiscal impact of this legislative on counties. Currently WSAC staff estimates that the legislation in its current form will cost counties $5 million a year in additional payouts from tort litigation.
This bill would substantially expand the scope of liability in wrongful injury or death causes of action by expanding the number of people who may file a cause of action in a wrongful death case, and the damages for which they could seek redress. SB 6508 would expand liability by including a wrongful injury or death cause of action for parents of an adult child when the parents are dependent on the child for financial support or have had significant involvement in the adult child's life.
In addition, the scope of damages that could be recovered would be expanded to include non-economic damages. Non-economic damages would be recoverable by the personal representative on behalf of the estate for loss of enjoyment of life and shortened life expectancy, in addition to emotional distress and pain and suffering on behalf of the victim. In 2008 each house passed a version of this bill, but failed to agree on a compromise version in the last hours of the 2008 session.
WSAC is extremely concerned about the bill's fiscal impact and will be working in collaboration with local government representatives to actively oppose this bill and limit its scope.
Providing Education Programs for Juveniles in Adult Jails (SB 6702/HB 3029)
Update: SB 6702 passed off the Senate Floor on Saturday. Senator Kline, was very receptive to local concerns and worked with WSAC staff and staff from the Washington Association of Sheriffs and Police Chiefs on amendments. WSAC staff believes that the substitute bill that passed off the floor should be flexibility enough to accommodate the varying challenges we face while providing education to juveniles in our county jails. If your county still has concerns with the language, please contact WSAC staff directly, or directly contact the Sponsor, Senator Kline.
This is OSPI request legislation that arose from a settled lawsuit involving Juveniles incarcerated in the Pierce County Jail.
Back to Top |
| Transportation & Public Works |
|
SB 6209 passed the Senate this week and it allows counties to use the county road levy for park and ride lots. The bill has been requested by Snohomish County and is on the WSAC legislative agenda. Snohomish County sought an amendment to include commute trip reduction programs in order to avoid significant capital construction programs and it was not accepted by the chair.
SB 6207 passed the Senate and it authorizes the legislative authority of a city or county to create a golf cart zone surrounding a golf course to permit the incidental operation of golf carts upon a street or highway of this state having a speed limit of twenty-five miles per hour or less.
Modifying Transportation Benefit District Governance (ESSB 6774)
Passed the Senate this week. The bill allows an alternative governance structure is provided for a TBD that includes an area within more than one jurisdiction. A multi-jurisdiction TBD may be governed by the governing body of the metropolitan planning organization serving the district, but only if the TBD and MPO boundaries are identical. This is a Spokane County bill.
Transportation Benefit Districts (SHB 1591)
The House this week. The Transportation Benefit District (TBD) authority was modified in 2007 to allow a councilmanic $20 vehicle license fee, eight cities formed TBDs throughout the state, either imposing the $20 vehicle license fee or the sales tax of up to 0.2%. While working through the TBD implementation process, technical clarifications and the request to enhance the sales tax component of a TBD emerged. SHB 1591 captures these requests and has the following components:
- Clarifies county and city project and program eligibility.
- Enables impact fees to be applied to a project not owned by a TBD (i.e. a local TBD partnering on a state facility).
- Allows voters to extend the sales tax authority beyond ten years if it is for bonding purposes. Under current law, TBDs allow for a voter approved sales tax that sunsets after ten years.
Modifying Statewide Transportation System Policy Goals (SB 6577)
Passed the Senate this week and it requires the state's transportation policy goals to include economic vitality goal.
Neighborhood Electrical Vehicles (SSB 6346)
Passed the Senate this week. The bill allows counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate an neighborhood electric vehicles (NEV) and medium speed electric vehicles (MEV) on city streets and county roads that are not state routes if the road has a speed limit of 45 mph or less. Currently, the increased speed limit in this provision will apply to only San Juan County.
The bill was amend the definition of MEV is changed to bring its minimum speed attainable down from more than 30 mph to more than 25 mph. The definition change eliminates a gap between the definitions of NEVs and MEVs.
San Juan County requested this bill.
Back to Top | |
|
Washington State Association of Counties
Eric Johnson
Executive Director
WSAC Policy Staff
Scott Merriman - Deputy Director
Brian Enslow - Policy Director (Public Safety)
Rashi Gupta - Policy Director (Human Services, Health & Housing)
Josh Weiss - Policy Director (WSAC General Counsel and Land Use, Resources & Environment)
Brad Banks - Policy Analyst (Legislative Bulletin, LSC & Website) | |
|
|
|
