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February 22, 2010
Legislative Bulletin
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| WSAC News Corner |
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Last week was a busy week for the Legislature. The house of origin cutoff was Tuesday and each chamber had to pass all of their non-budget related bills out by 5:00 pm.
The Senate cranked out a lot of bills and the House spent a lot of time in caucus. Usually there is a lot of drama as they get close to 5:00 pm to see what the last bill will be and this cutoff they didn't have a dramatic end to it.
Your phone calls and e-mails are making a difference with the legislative process. Please continue your communication with them. We do hear from legislators when you are in contact with them.
Budgets Announcements This Week
Both the House and the Senate are scheduled to release their budgets this week. Their budgets will include cuts and proposed revenues. We are asking the Legislature to share new revenue with counties so we can continue to maintain the public safety programs and the other safety net programs. We will be sending out budget comparisons this week.
The Governor also released her proposed buyback and preferred revenue package this week. For the details of her proposal: Click Here
Legislative Steering Committee
The LSC meets Thursday, February 25th in Olympia. Agenda and committee materials will be e-mailed out seperatly.
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| Fiscal Flexibility |
Both of the fiscal flexibility bills passed out and each one is different. Neither of them included new revenue options for counties or cities or the councilmanic authority to impose the existing voter approved revenues. Neither of the bills included the harmonization of the Real Estate Excise Tax (REET), the Realtors stopped that dead in the tracks in both chambers. We will continue to seek additional and diverse revenue options for counties and we will try to utilize different bills for the new and diverse revenue.
The House bill, ESHB 3179, passed out Tuesday morning with only 51 votes. The Senate bill, ESHB 6424, passed out Monday morning with 39 votes. Both the cities and counties are working with the Governor's office to clean up some of the technical issues between the two bills and see which one can pass.
ESSB 6424 is scheduled for public hearing in the House Finance Committee on Wednesday, February 24 at 8 am and would:
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Removes the non-supplant language on the 0.3% public safety sales tax.
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Removes the non-supplant language on the 0.1% criminal justice sales tax.
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Expand the use of gambling revenues for general public safety programs until January 1, 2014.
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Allow cities to impose, with voter approval, the public safety sales and use tax at a rate of 0.1 percent if county voters do not impose it by January 1, 2011.
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Eliminate the non-supplant language in the public safety sales and use tax.
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Allow Tacoma to impose the mental health/chemical dependency sales and use tax if Pierce County has not imposed it by January 1, 2011.
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Eliminate the non-supplant language in the criminal justice sales and use tax.
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Allow a city to impose the brokered natural gas use tax at the location where the gas is consumed or stored by the customer.
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Expand the use of gambling revenues for general public safety programs.
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| Energy & Utilities |
Concerning Impacts for Municipally Owned Hydro Facilities (SHB 2925)
This bill has been requested by Pend Oreille County as a result of the difficult negotiations between them and Seattle City Light over the mitigation payments from their hydroelectric dams in the county.
The bill requires continued compensation payments in the event the compensation contract/agreement expires and provides for the payment of arrearages.
It also requires arbitration in the event the county and the city, or its municipal utility, are unable to reach a new compensation agreement following the expiration of a previous contract or agreement.
Small Alternative Energy Facility Siting Pre-Emption (HB 2516) This bill authorizes the Energy Facility Site Evaluation Council (EFSEC) to permit small alternative energy resource facilities, preempting any permit issued by a local government, if the local government has not adopted permitting codes for these facilities in the last 10 years. A small alternative energy resource facility is defined as any alternative energy facility that generates 300 kilowatts or less and can be a fuel cell or energy generated by a facility that uses water, wind, solar energy or biogas from animal waste.
WSAC and AWC testified in opposition to this bill at a hearing on Wednesday in the Senate Energy, Environment and Water Committee. We have asked to committee to utilize education and training instead of preemption.
Energy Facility Site Evaluation Council (EFSEC) (SHB 2527) The Energy Facility Site Evaluation Council (EFSEC) is the permitting and certificating authority for the siting of major energy facilities in Washington. EFSEC staff are part of the Department of Commerce and the Director of Commerce has supervisory authority over them. This bill would make a number of changes to EFSEC's authority and jurisdiction and move EFSEC from the Department of Commerce to the Utilities and Transportation Commission.
This bill has passed the House but is not yet scheduled for a hearing in the Senate.
These bills make a number of changes to the Department of Commerce, redefining some programs and shifting programs to other agencies. The bills also direct the Department to develop a new state energy strategy. The goals of the state's energy strategy are to:
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Maintain competitive energy prices;
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Increase competitiveness by fostering a clean energy economy and jobs; and
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Meet the state's obligations to reduce greenhouse gas emissions.
Guiding principles to meet these goals are established and the department is to produce an updated state energy strategy and implementation report by December 1, 2010, and every five years thereafter. The Legislature is to approve or recommend changes to the strategy, report, and updates by concurrent resolution. In updating the strategy, the department is to work with an advisory committee and seek in-kind and financial support. Local governments are included as one of the members for the advisor committee.
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| Human Services, Health & Housing |
Allocating Responsibility for Court-Related Costs of Involuntary Commitment Proceedings (SSB 6733)
The 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. This bill passed the Senate and was heard in House Human Services on February 18.
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" as it relates to civil commitment procedures under the Involuntary Treatment Act. The bill also requires a study of mental health assessment tools. Provisions that allow for family members or others who have had significant contact with the individual to provide pertinent information to the courts have been added to the substitute bill. The House version of the bill is scheduled for hearing in the Senate Committee on Human Services and Corrections on February 25 at 3:30. SB 6791 did not make it out of the Senate.
Detaining Persons with Mental Disorders (SHB 2882)This substitute bill would change the standards related to emergency custody under the Involuntary Treatment Act 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. Provisions that allow for family members or others who have had significant contact with the individual to provide pertinent information to the courts have been added to the substitute bill.
This bill passed out of the House but has not yet been scheduled for a hearing in the Senate.
Concerning Administration of the Medicaid Program (HB 3048)HB 3048, concerning administration of the Medicaid program, was 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. This bill passed out of the House but has not been scheduled in the Senate. The Senate version did not make it out of committee.
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. This bill did not pass out of the House.
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 did not pass out of the Senate.
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| Land Use, Resources & Environment |
Tuesday the 16th was a last day to move bills from their chamber of origin. While many companion bills failed to move forward, the majority of the issues we've been tracking will stay alive through the companion bill from the opposite chamber.
The notable bills that did not move forward included:
WSAC's bill ( SB 6641) that clarified which forest practices applications are related to the conversion of land out of forestry use and into development. As a result of WSAC member and staff efforts, the bill did get moved to the floor calendar, but the Senate simply ran out of time to move all of the bills that were on the calendar. We'll have to try to advance this issue again next year.
The Governor's request bills that would move the administrative functions of the Growth Management Hearings Boards into the Environmental Hearings Office as well as providing uniform appeal deadlines across environmental statutes ( HB 2935, and SB 6422) did not advance. While these bills did not move forward, they are likely candidates to be considered necessary to implement the budget and could very likely be resurrected later this session.
Similarly, SB 6448 which made significant changes to the Hydraulic Project Approval Program, including allowing the agency to charge fees, and bring civil enforcement actions didn't move. As above, this bill is a contender to be considered linked to the budget as it raises new revenues. We'll keep our eyes on this one even though it didn't move.
SB 6301, which would have allowed a county that had completed a subarea plan based on a watershed characterization and local habitat assessment to designate new urban growth areas, did not move out of the Senate.
The bills that would have added the International Wildland Interface Code to the State Building Code did not move forward.
Bills that did move forward included:
SB 6611, which provides jurisdictions planning under the Growth Management Act with three additional years to complete the next round of review and updates;
HB 1653, which clarifies the integration of the Shoreline Management Act and Growth Management Act;
SB 5621 which restricts the amount local governments may charge for hearing examiner fees;
HB 1956, which preempts local government decisions relating to the siting of tent cities on church properties;
HB 2408, which requires local governments to notify property owners of proposals to modify zoning requirements;
SB 6214, which restructures the Growth Management Hearings Boards;
HB 2503, which changes the definitions of members on the Board of Natural Resources statute;
SB 6520, which extends the process for stakeholders negotiating the application of critical area ordinances to agricultural lands (being mediated by the Ruckelshaus Center);
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;
Senator Ranker's measure which provides a process for marine spatial planning ( SB 6350);
The bill that requires cities and counties to restrict uses that are incompatible with airports ( SB 6603);
HB 2481, which authorizes the Department of Natural Resources to enter into longer term supply agreements for forest biomass from state lands; and
SB 6481, which allows counties with a population of less than 100,000 to forgo adoption of regulations covering conversion-related forest practices.
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| Public Safety |
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Failure to Pay/Failure to Appear (SB 6490)SB 6490 was not passed out of the Senate and in all likelihood is dead.
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:
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failure to respond to a notice of traffic infraction;
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failure to appear at a requested hearing;
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violation of a written promise to appear in court; or
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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)
Neither the Senate Bill or the House bill was passed out of their respective chambers. It is still possible, although not likely, that this bill could be considered necessary to implement the budget. We will know with more certain when the budgets are released.
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:
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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.
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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.
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Counties imposing an E-911 excise tax must contract with the Department of Revenue (Department) for the administration and collection of the tax.
Public Records (HB 2582/SB 6367 & HB 2583/SB 6368)
Senator Hatfield was able to move SB 6367 off the Senate Floor. It is the last of the four bills we had on these issues still alive. It is scheduled for public hearing and executive session Tuesday in the House Committee on State Government & Tribal Affairs at 1:30 PM.
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)
The bill was moved off the Senate Floor last week. In its current form it simply states that, "It is the policy of the state of Washington that all commissioned, appointed, and elected law enforcement personnel be truthful and honest in the conduct of their official business".
It is scheduled for public hearing in the House Committee on Public Safety & Emergency Preparedness at 10:00 AM.
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)
SB 6508 was amendment on the Senate Floor to limit joint and several liability for government entities for the new kinds of claims. We still have concerns about this fiscal impact of this bill, but they have been significantly mitigated by the amendment. The amendment was supported by all of the Republicans, and they were joined by Senators Berkey; Fraser; Hargrove; Hatfield; Haugen; Kastama; Sheldon; and Shin. Please find the time to thank your Senators that supported our amendment. Also, thank you to all of our members that made calls on this issue on Monday, your call were very instrumental in maintaining support for our amendment.
SB 6508 was heard in the House Judiciary Committee on Wednesday, I expect it will passed out of committee with amendments next week. 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.
CONCERNS
Addressing Bail for Felony Offenses (HB 2625)
HB 2625 was passed on the House Floor 96-0. It is an attempt to respond to the Clemmons case. It has yet to be scheduled for a hearing in the Senate. There are seven counties who allow offender to be release prior to a hearing though the use of a bail schedule. They are: Chelan, Clark, Douglas, Garfield, Pierce, Snohomish, and Thurston.
HB 2625 requires that Bail, for persons arrested and detained for a felony offense, must be determined on an individualized basis by a judicial officer. Under current law, all persons charged with crimes are entitled to bail except for those charged with a capital offense. Each county determines whether to use a bail schedule, which allows persons who have been arrested to post bail without having to appear before a judicial officer. In those counties that allow for the use of bail schedules, the amount set for bail is that which is specified in the bail schedule for the particular offense. A bail schedule may also set forth a requirement that a person must go before a judicial officer prior to posting bail for certain types of offenses.
Encouraging the Need for Representation of Children in Dependency Matters (HB 2735)
WSAC staff testified with concerns in the Senate Human Services Committee. Our primary basis for concern is that children will request counsel and there will not be counsel available because of funding issues. There is concern that this could result in an unfunded mandate. We want to make sure that there are sufficient funds to appoint an attorney when a child requests one.
This bill requires the Department of Social and Health Services (DSHS) or supervising agency and the child's GAL to notify a child of his or her right to request counsel and must ask the child if he or she wishes to have counsel. This notification and inquiry must occur immediately after the child's 12th birthday; assignment of the case involving a child over the age of 12; or July 1, 2010, for a child who turned 12 before this date.
State law does not require the appointment of attorneys for children in dependencies. If the child is age 12 or older and requests an attorney, or if the GAL or the court determines that the child needs one, the court may appoint an attorney to represent the child.
Providing Education Programs for Juveniles in Adult Jails (SB 6702/HB 3029)
Update: 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.
It was heard in the House Committee on Education Friday the 19, and will likely be passed out of committee next week.
This is OSPI request legislation that arose from a settled lawsuit involving Juveniles incarcerated in the Pierce County Jail.
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| Transportation & Public Works |
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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) | |
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