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March 1, 2010
Legislative Bulletin
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| WSAC News Corner |
The last policy committee cutoff occurred on Friday, February 26th. Many of the bills remained in committee and it will take a couple of days to figure out which bills are alive and those that failed to get out committee. It will also take a couple of days to evaluate those bills to see what amendments were hung on the remaining bills.
Another legislative deadline occurs today, all of the fiscal committees must pass all of the bills from the opposite house out of committee by the end of the day. The exception to this deadline, are the bills that are necessary to implement the budget.
The next legislative deadline is March 5th, each chamber must have acted on the other chamber's bills by 5:00 p.m.
2010 Supplemental Budget Proposals
Both the House and the Senate Ways and Means committees have passed their version of the operating budget out of committee. A WSAC staff comparison of the proposed budgets can be found by Clicking Here.
The budget comparison is in a highlights format and does not include the amendments that were adopted in committee over the weekend. Once the budgets are passed by each chamber, they will need to begin the process of reconciling their differences.
Legislative Steering Committee
The Legislative Steering Committee (LSC) met in Olympia on February 25th. The LSC had briefings on the proposed budgets, the various revenue proposals, policy staff updates on the various bills WSAC is tracking and decided to support ESHB 2414, Abatement of Criminal Street Gang Activities.
The LSC also chose to CANCEL the March 11, 2010 meeting and meet instead in conjunction with the WSAC Board Meeting on March 18, 2010. Both meetings will be held here in Olympia; agendas and materials for the Board and LSC will be e-mailed out seperatly.
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| Fiscal Flexibility |
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Both ESHB 3179 and ESSB 6424 are still moving through the legislative process. They each have had a hearing and are still in the fiscal committees. Thanks for all of your input throughout the legislative process-it has made a difference.
- Remove the non-supplant language on the 0.3% public safety sales tax.
- Remove the non-supplant language on the 0.1% criminal justice sales tax.
- 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 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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Allows the cities 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 |
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Small Wind Systems (SHB 2516)This bill died in the Senate Environment, Energy and Water Committee. 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.
would assist counties and cities in meeting their storm water management requirements. Funds are generated by increasing the Hazardous Substances Tax from 0.7 percent to two percent. The debate is whether to raise the tax, by how much and whether or not to use some of the new revenue temporarily for state general fund needs. Not debated much are the needs of counties and cities for help meeting storm water requirements.
The bill is in the House Finance Committee.
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| Human Services, Health & Housing |
Allocating Responsibility for Court-Related Costs of Involuntary Commitment Proceedings (SSB 6733)
This bill did not make it out of the House Committee on Human Services. 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. We are expecting that the House will include work sessions on the topic in their interim planning.
HB 3076 is 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. We applaud efforts to respond to tragedies in the community but we will inform members that in order to get to the goal of public safety, they must ensure that expanded requirements are supported with resources to enhance public safety without harming important existing programs in the community.
The bill was passed out of the Senate Committee on Human Services and Corrections and will be heard in Senate Ways and Means on March 1 at 1:30.
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 Senate Committee on Human Services and Corrections and is now in the Rules Committee.
Concerning Administration of the Medicaid Program (HB 3048)This bill passed out of the House but did not have a hearing in the Senate. 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.
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| Land Use, Resources & Environment |
Week seven included hearings in policy and fiscal committees on bills from the opposite chamber. The House cutoff to hear Senate bills was on Tuesday, while the Senate cutoff was on Friday. Both the House and Senate Ways and Means Committees held hearings on Saturday the 27th.
SB 5621 which would have restricted the amount local governments could charge for hearing examiner fees did not move out of the House committee. Similarly, HB 2408, which would have required local governments to notify property owners of proposals to modify zoning designations did not move out of the Senate committee.
The bill that requires cities and counties to restrict uses that are incompatible with airports ( SB 6603) did not move out of the House Local Government and Housing Committee before the cutoff, but later in the week was pulled directly to the floor of the House. WSAC staff continue to work on this legislation to try and get concerns addressed.
SB 6611, which provides jurisdictions planning under the Growth Management Act with three additional years to complete the next round of review and updates received hearings in both the policy and fiscal committees this week. This appears to be moving forward, and is referenced in both the House and Senate budgets.
The bill that clarifies the integration of the Shoreline Management Act and Growth Management Act ( HB 1653) was moved from the Senate committee and is awaiting action on the Senate floor for final passage.
SB 6214, which restructures the Growth Management Hearings Boards was amended favorably in the House Local Government and Housing Committee. The language adopted addresses WSAC's concerns with language added in the Senate that would have made participation of an former elected official on the board optional. The language looks good now, and the bill appears to be moving forward.
HB 2503, which changes the definitions of members on the Board of Natural Resources statute was amended to remove the section of the bill WSAC had been following. The current bill is adequate to WSAC.
SB 6520, which extends the process for stakeholders negotiating the application of critical area ordinances to agricultural lands (being mediated by the Ruckelshaus Center) moved forward.
Substantial controversy arose when HB 3067 was heard in the Senate Financial Institutions and Housing Committee. This bill requires King and Snohomish Counties to provide a process by which an applicant for a property development permit may record a lien against title to the property in lieu of paying impact fees at the time of application. Builders strongly supported the bill while environmental groups, cities, and counties opposed the bill. The bill moved out of committee and is eligible for action on the Senate floor.
This week was also notable for the release of both House and Senate budgets. Two notable budget items included the Senate's proposal to merge the Departments of Fish and Wildlife, and Parks, into the Department of Natural Resources. The budget assumes over 10 million dollars in savings from this move. The House budget did not include this item, and it is unclear whether the final budget will include this change.
The other major budget item is the further reductions that both the House and Senate made to Department of Commerce's growth management program. Both budgets further reduce growth management planning grants by $3.7 million. The House further reduces Commerce's growth management technical assistance by $625,000 and the Senate reduces it by $1 million. Both budgets assume that the three-year timeline adjustment legislation ( SB 6611) is enacted.
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| Public Safety |
Enhanced 911 (SB 6846)
SB 6846 was included in the Senate Budget and the bill was determined to be necessary to implement the budget. Please encourage your Legislators to support the Senate position.
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.
Public Records (HB 2582/SB 6367 & HB 2583/SB 6368)
SB 6367 was passed off the House floor on Sunday in the same form as what passed off the Senate. It will be delivered to the Governor early this week for action and we assume that she will sign it. This bill is a fairly modest policy accomplishment for local government, however, hopefully is has created some momentum for legislation that helps government fulfill the ideals of the open public records act while understanding the constraints that exist at the local level.
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)
SB 6590 was passed off the House floor on Sunday. It was amended by the House policy committee and therefore has to be sent back to the Senate for concurrence.
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)
The House Judiciary Committee stripped out the Senate amendment that limited joint and several liability for government entities for the new kinds of claims. We have significant concerns about this fiscal impact of this bill. It is scheduled for executive session today in the House Ways and Means Committee at 3:30. The impacts to local government are not funded in either the House or Senate Budgets. Please contact committee member today and encourage them to support amendments that would limit the fiscal impact to local government.
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)
This bill was heard and amended by the Senate Judiciary Committee. The committee amendment replaces HB 2655 with Sen. Kline's bail taskforce bill. This is very concerning because although Sen. Kline's taskforce bill is fairly innocuous, it is likely that the bill will be rolled-back to HB 2625 on the Senate Floor. We would have preferred that the Senate Judiciary Committee not taken action. There are seven counties who allow offenders to be released prior to a hearing through 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)
HB 2735 was passed out of the Senate Human Services and Corrections Committee last week. Our primary basis for concern is that this bill creates the expectation of additional access to legal representation without providing additional funding.
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)
This bill was passed out of the House Ways and Means Committee on Saturday. Senator Kline has 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 bill that 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.
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| Transportation & Public Works |
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SB 6209 is in House Rules 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 is in House Rules 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)
The bill is in House Rules. 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 bill is still in Senate Transportation. 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:
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Clarifies county and city project and program eligibility.
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Enables impact fees to be applied to a project not owned by a TBD (i.e. a local TBD partnering on a state facility).
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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)
The bill is in House Rules and it requires the state's transportation policy goals to include economic vitality goal.
Neighborhood Electrical Vehicles (SSB 6346)
The bill is in House Rules. It 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.
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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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