WSAC Legislative Bulletin - March 8, 2010 (Updated)

The Legislature reached another legislative deadline on Friday, March 5th. All of the non-budget related bills must have passed the opposite house by 5 p.m. Usually there is a last bill of the day that involves a lot of drama. Again like the previous cutoff, there was no special order of business.

The Legislature must now spend their time trying to reach agreements on the operating budget, the transportation budget and the capital budget. They also need to reach an agreement on a revenue package tin order to support their adopted budgets. With adjournment scheduled for March 11th, it will take a considerable amount of time to reach an agreement and complete the necessary paperwork in time to adjourn on time.

Up to this point in time, we have made significant progress on our legislative agenda. We appreciate all of the hard work that each of you has done to help the WSAC legislative agenda so far.

We will be listing bills that have passed the legislature and waiting for the Governors review and approval; bills need concurrence and bills that are in dispute.

Senate Revenue Package

The Senate passed their revenue bill on Sunday afternoon. The bill has a number of components, CLICK HERE for the bill summary.

House Revenue Package

The House also has a proposed revenue package, they have yet to act on it. CLICK HERE for a description of the House package.

For the Latest WSAC & Legislative Session Information Visit: WSAC's Legisaltive & Policy Center

Important Bill Updates

Bills That Have Passed the Legislature:

SHB 1591, relating to transportation benefit districts; it allows Transportation Benefit Districts (TBDs) to use funds for local projects and it allows certain revenues to be extended up to thirty years in order to bond against the revenue.

HB 2740, regarding the definition of land use decision, it cures a previous adverse Court of Appeals decision that affects the Land Use Petition Act. It clarifies that a land use decision occurs on the date a decision is entered on the motion for reconsideration and not the date of the original decision.

SB 6209, allowing county road funds to be used for park and ride lots, it clarifies that the construction, maintenance, or improvements of park and ride lots is a county road purpose for the road fund.

SSB 6346, expanding the use of electric vehicles, in counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate an NEV and 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 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.

SB 6367, allowing agencies to direct requestors to their website for information, an additional response option is provided for use by public agencies that receive a public records request. The agency may provide a link to the specific record on the Internet for the requestor to access the records requested. If the requestor lets the agency know that he or she cannot access the records through the Internet, the agency must provide copies or allow the requestor to view the documents through an agency computer.

Bills Needing Concurrence:

ESHB 2925, impact payments for municipally owned electric generation facilities; it requires cities over 500,000 that own hydro-electric generation facilities located in other counties must provide impact payments to the county. The city must also provide the impact payments even if the contract lapses. The bill also provides arbitration provisions should an agreement failed to be reached.

ESHB 3179, fiscal flexibility, was amended in the Senate to allow additional cities within Pierce County to take advantage of the mental health sales tax if Pierce County doesn't act by the end of 2010. The bill now goes back over to the House for their concurrence. The bill does the following: removes the non-supplant for the public safety sales tax and allows cities to seek voter approval for 1/10 of the 3/10 if the county doesn't seek voter approval by the end of 2010; removes the non-supplant clause within the criminal justice sales tax; allows certain cities within Pierce County to impose the mental health sales tax if the county doesn't act by the end of the 2010; retains the cities authority to impose the brokered natural gas use tax; and expands the use of the local gambling tax to include public safety.

Human Services, Health & Housing

As we have seen all session, the focus for human services continues to be the budget but some bills continue to move.

Bills That Have Passed the Legislature:

Restricting Leave From State Facilities (HB 2717)

This bill prohibits certain outings for individuals committed to an institution for the determination or restoration of competency to stand trial or following an acquittal by reason of insanity. The substitute version also requires the Secretary of DSHS to notify local law enforcement of any authorized leave granted to a person committed to a state institution or facility.

Authorizing Churches to Host temporary Encampments for Homeless Persons on Property Owned or Controlled by a Church (HB 1956)

Although we originally opposed the bill, we were able to negotiate with stakeholders to ensure that local governments are in compliance with recent caselaw and Federal regulation related to temporary encampments, but also provide for protections for the permitting agencies.

Currently in Dispute:

Concerning the Involuntary Treatment Act (HB 3076)

HB 3076 is a bill that was requested by the Governor and would expand the definition of "likelihood of serious harm" as it relates to civil commitment procedures under the Involuntary Treatment Act in order to allow for earlier intervention with individuals with mental health issues. Both the Senate and House Ways and Means committees added null and void amendments.

The two versions of the bill include provisions that take different approaches to:

Modifies the definition of "likelihood of serious harm" in the Involuntary Treatment Act to include an additional basis for commitment.
Requires the Washington State Institute for Public Policy, in collaboration with the Department of Social and Health Services and others, to search for a validated mental health assessment tool or combination of tools for the assessment of persons for detention, commitment, or revocation under the Involuntary Treatment Act.
Requires designated mental health professionals when making a determination for initial detainment, to consider information provided by family members or others who have had significant contact with the individual or who are familiar with the individual's history.

We testified and informed 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 is awaiting concurrence, but is currently in dispute.

Land Use, Resources & Environment

Bills That Have Passed the Legislature:

SB 6611, which provides jurisdictions planning under the Growth Management Act with three additional years to complete the next round of review and updates, passed the legislature and is on the Governor's desk.

The bill that clarifies the integration of the Shoreline Management Act and Growth Management Act (HB 1653) passed the legislature and is awaiting the Governor's signature.

HB 2481, which allows the Department of Natural Resources to enter into longer forest biomass supply agreements has passed.

SB 6214 the bill that combines the Growth Management Hearings Boards into one board passed the legislature. The final bill included the language requested by WSAC which requires members of the board to have experience in the "practical application" of land use law or planning.

The bill that allows counties with a population of less than 100,000 to forgo adoption of regulations covering conversion-related forest practices (SB 6481) also passed and is awaiting signature by the Governor.

Bills In Dispute:

Another significant issue this week was the impact of SB 6350 (marine spatial planning) on local government land use authority. WSAC had been monitoring this bill all session and believed that it did not interfere with local government authority. However, when the measure was heard in the House Ways and Means Committee, a maritime company testified that they believed the new plans that are authorized by the bill would supersede local government plans. The House adopted an amendment on this issue which the Senate strenuously objected to. After discussing the issue with attorneys, planners, other interested parties, and the prime sponsor of the bill (Senator Ranker), WSAC concluded that the issues were adequately addressed in the underlying bill. It is not the sponsor's intention that local land use authorities be superseded by the bill, and he has been assured by legislative counsel that the bill does not have that effect. On Friday, the Senate refused to concur with the House amendment and the bill is now awaiting action in the House. WSAC believes the House will remove its amendment and return the bill to the Senate.

Public Safety

Necessary to Implement the Budget & Awaiting Action:

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.

Bills that Passed the Legislature:

Public Records (HB 2582/SB 6367 & HB 2583/SB 6368)
SB 6367 was passed off the House floor in the same form as what passed off the Senate. It was delivered to the Governor on March 6, 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.

Encouraging the Need for Representation of Children in Dependency Matters (HB 2735)

HB 2735 was passed off the Senate floor on Friday. 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.

Awaiting Concurrence:

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 last week.

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.