Public Records Legislation Passes
Three commonsense public records bills that help the taxpayer and local government have passed both houses.  They will need to be concurred with prior to the end of session, and then sent onto the Governor for signature.  So, not done yet, but looking very hopeful.  They are:

• Good Faith Provisions for Public Records Violations.  House Bill 1899 allows the court the discretion to award no daily penalties for a public records violation, without increasing the maximum penalty.
• Prohibiting Inmates from Getting PRA Penalties.  SB 5025 prohibits a court from awarding penalties for an agency's failure to provide records to a person serving a criminal sentence, unless the records were denied in bad faith.
• Protecting Youth Information.  SB 5098 exempts personal information about participants in community programs from public disclosure.

Human Services programs took deep and substantial cuts in both the House and Senate budgets. For the human service programs administered by the counties, the reductions taken in the budgets are equal to or less than those proposed in the Governor's budget. We are satisfied with these results given that the revenue forecast was approximately $700 million lower than when they Governor proposed her budget. We believe that our message was heard of the importance of these services in keeping individuals in our communities out of more expensive crisis services and the criminal justice system.

Concerning Triage Facilities (HB 1170)
This bill was brought forward by Snohomish County and is supported by WSAC. The bill would allow development of a facility for a law enforcement officer to take an individual for assessment and stabilization. The Triage facility option would give counties a lower cost alternative to Evaluation and Treatment Centers and Crisis Stabilization Units for individuals in crisis.
 
This bill passed both the House and Senate unanimously and is waiting for concurrence.

Concerning the use of Moneys Collected from the Local Option Sales Tax to Support Chemical Dependency or Mental Health Treatment Programs and Therapeutic Courts (SB 5722)
This substitute bill would allow additional flexibility beyond the current supplant authority for counties. The bill would allow counties with a population greater than 25,000, to use up to 50 percent of monies collected to supplant funding for existing services with a ten percent scale back in supplant authority over the next five years.  A county with a population less than 25,000, may use up to 80 percent of monies collected to supplant funding for existing services with a twenty percent scale back on the supplant authority over the next five years.  Funding used to support the cost of a judicial officer and support staff of a therapeutic court would be exempt from supplant restrictions.
 
This bill has passed the Senate and House and is waiting for concurrence.

Reimbursing Counties for Providing Judicial Services Involving Mental Health Commitments (SB 5531)

This bill sets up a process for counties with Evaluation and Treatment beds to apply for reimbursement of costs of providing judicial services associated with commitments for involuntary mental health treatment. Under the substitute bill passed out of the Ways and Means committee, funds would be allocated from funding from Regional Support Network (RSN) annual allocations and a process would be set up between RSNs to bill for county cost per commitment based on the county of residence. The rate would be determined based on an average of the expenditures for judicial services within the county over the past three years and prohibits the imposition or collection of a filing fee for civil commitment cases subject to reimbursement.

The bill has passed the Senate and House and is waiting for concurrence. 

Workers' Compensation "Fixes"
Earlier this month the Senate passed SSB 5566, which included an option to make lump-sum payments for permanently disabled workers - a major priority for the business community. However, the chair of the House Labor & Workforce Development Committee has indicated he will not hear the bill.  When they heard the bills below, most of the supporters of the Senate expressed support for the bill even though there wasn't a hearing it.

A package of House bills that covers several aspects of the workers' compensation system has been introduced. The package is not a major overhaul, but a series of nips and tucks to save money and streamline the process. Overall, House leadership says the bills would save about $150 million during the next five years.

ESHB 2002 would authorize State Fund employers to receive a wage subsidy and reimbursements for employing an injured worker at light duty or transitional work. The bill passed the Senate Labor, Commerce & Consumer Protection Committee with an amendment that would remove provisions in the bill requiring the Department of Labor & Industries to obtain a statement confirming light duty work from the medical provider before the start of light duty work. It also eliminates other language changes to the return-to-work section, leaving existing law unchanged. 

Pensions
Governor Gregoire introduced HB 2021/SB 5920 to limit the future annual cost of living adjustments for PERS 1.  Currently each plan member automatically gets an increase annually.  The fiscal note estimates a savings of $197 million in the 2011-13 biennium and $272 million in the 2013-15 biennium for local governments.

WSAC, AWC and the Governor's office testified in support of the House bill.  The Senate holds a hearing this week and they assume the savings in their budget.

The bill has the following components in it:

• Eliminates further increases of Public Employees' and Teachers' Retirement Systems Plan 1 (PERS Plan 1 and TRS Plan 1) benefits through the annual increase, or "Uniform COLA" above the amount in effect on July 1, 2010, unless a retiree qualifies for the minimum benefits.
• Permits members of PERS Plan 1 and TRS Plan 1 that qualify for the basic minimum benefit formula in the plans to continue to receive the Uniform COLA.
• Reduces the minimum employer contribution rates for the PERS Plan 1 unfunded liability from 5.75 to 3.5 percent, and for the TRS Plan 1 unfunded liability from 8.0 to 5.75 percent.

Several land use related bills were approved this week.

The legislation that provides an optional process for counties in addressing the application of critical area ordinances to agricultural lands, as is recommended by the stakeholders who have been negotiating this issue at the Ruckelshaus Center (HB 1886) was approved by the Senate.  The bill must receive a concurrence from the House before it moves to the Governor's desk.

The city and county fiscal relief bill (HB 1478) was also approved by the Senate.  The final version of this bill includes an amendment proposed by WSAC changes the frequency of the buildable lands report.  The report will now be required one year prior to a county's statutorily mandated review of its comprehensive plan.   The House must now concur with the Senate amendments.

The Senate also approved HB 1662, which modifies the Shoreline Management Act (SMA) to allow for construction work outside the shoreland area to commence in advance of the issuance of a shoreline permit if the work does not depend on or require work within the shoreland area and the local government finds that such work will not interfere with the goals of the SMA.

The House approved SB 5192, which corrects errors made in legislation last year that consolidated and streamlined environmental appeals.  The intent is to ensure that there is clarity for the appeals process under the SMA.

The House also passed SB 5451, which allows amended shoreline master programs to consider shoreline structures that were completed or vested before approval of the new SMP a conforming use.

Senate Committee Scales Back Pre-emption for Small-Scale Renewable Energy Project Permitting (ESHB 1081)
Passed the Senate on the Senate on April 1st with three amendments. The House can either concur with Senate changes, insist on the House position or agree to a conference.  If both agree to a conference, either side can propose amendments to the bill and both chambers would then have an up or down vote on the conference report.

The first amendment added in a null and void clause.  So, if the bill isn't funded in the final budget, the bill goes away.  The second amendment now requires counties to consider the model ordinances.  And, the final amendment makes the ordinances exempt from an appeal to the Growth Management Hearing Board.  These amendments improved the bill and we thank the Senate for working with us to improve the bill.  It now goes back to the House for concurrence.
The current version directs state agencies to prepare a variety of model siting ordinances for counties and cities. In cities, these models would allow siting of solar, wind, or other types of renewable generating systems capable of producing no more than 3.5 kW of power (enough to power one or two typical homes). Counties have similar requirements in urban areas and all but agricultural and forest lands in rural areas, where wind facilities of up to 5 MW of generation must be allowed.

It requires both to address or update local siting regulations during the next round of GMA updates starting in 2014 (or a bit later if provisions in HB 1478 are enacted).  

A handful of bills dealing with natural resources & environment were acted upon this week. 

The Department of Natural Resources request bill (HB 1421) that allows the agency to create a non-fiduciary trust with the purpose of acquiring forest land that is at risk of conversion was approved by the Senate.

The Senate also passed HB 1186, which establishes a "vessel of opportunity" system to respond to oil spills in Washington waters that would be funded by tank vessel operators and increases penalties for vessel operators that discharge oil into state waters.

HB 1169 was also approved by the Senate.  This bill deals with the Noxious Weed Control Board and was introduced in response to the Board's consideration of including English Holly on the noxious weed list.  This bill directs the Board to adopt rules regarding how the Board will select species for listing on the noxious weed list.  The listing must include a requirement that additional scientific data be presented to the Board regarding the invasive or noxious qualities of the plant in question, along with information about the plant's economic benefits.

WSAC is working with proponents of the proposal (SB 5862) that makes significant changes to the Department of Fish and Wildlife's hydraulics program, and Department of Natural Resources forest practices program.  Among other substantive changes, the bill imposes a new fee for hydraulics applications, and increases fees for forest practices permits.  WSAC is working to ensure that the Department of Fish and Wildlife's authority to require hydraulics permits is not expanded.

Medical Cannabis (E2SSB 5073)
The medical cannabis legislation has passed off the house floor.  The House adopted a floor amendment that allows counties to adopt and enforce zoning, health and safety, and business license regulations.  Counties cannot outright prohibit dispensaries.  DOH is responsible for ensuring that dispensaries not be located 500 feet away from a school, community center, child care center, or another dispensary.

Below is a summary of the other provisions in the bill:

• Provides for a voluntary registry for patients and licensees.
• Establishes arrest and search protection for individuals who are on the registry.
• Eliminates the requirement that licensed dispensers be nonprofits.
• Exempts law enforcement from having to pay a fee to access the Department of Health registry.
• Allows up to the 10 individuals to participate in a collective garden.  A collective garden may have up to 15 plants per patient up to a maximum of 45.
• Directs the Department of Health to establish a maximum number based on a ratio of one licensed dispenser to 20,000 persons in the county.
• Prohibits dispenser from being located within 500 feet of a public school, community center, child care center, or another dispenser.

Early Release of Prison Offenders (SB 5866 / No House Bill Yet) 
The House Budget assumes a significant number of high risk felony offenders will be released early in order to allow the State to close another DOC facility. The Senate Budget also releases offender early in order to save the State money.  Offenders who are classified as a high risk to reoffend are often career criminals such as serial burglars and auto thieves or individuals with a lengthy history of drug related-offenses.  By definition, there is a high likelihood that there will be an immediate negative impact our communities.   

DWLS3 Relief Bill Signed by the Governor

Driving with a Suspended License.  SB 5195 allows county prosecutors and city attorneys to divert certain cases prior to filing a criminal charge, saving counties money by decreasing the need for expensive court hearings and public defender costs. The volume of Driving with a License Suspended in the Third Degree (DWLS3) cases results in a huge drain on county resources; they represent 30 percent of the caseload in district courts.  Although many counties currently utilize relicensing programs to help drivers regain their license and get insurance, these programs often require an individual to first be charged with a DWLS3, taking up valuable and costly court time.  The City of Seattle has enacted a similar approach and they have reduced the number of cases filed in court by 67 percent. 

Other Public Safety Bills

• Prohibiting the Use of Felony Bail Schedules.  This bill failed to pass the Senate Floor.  HB 1194 would have required that bail for class A and B felonies continue to be determined on an individualized basis by a judicial officer.
• Collecting DNA Samples.  HB 1153 has passed out of both chambers and will likely be signed by the Governor this week.  This bill expands the fee for collection of a biological sample for DNA identification to misdemeanors, gross misdemeanors, and juvenile offenses that require collection of a DNA sample.  We are already mandated to do this; we just weren't allow to collect a fee.
• Mandatory 12 Hour Impound.  SB 5000 has passed both the House and the Senate.  The bill requires law enforcement to impound the vehicle operated by a person arrested for driving under the influence of alcohol or drugs, and requires that the vehicle be held for 12 hours if the person arrested is the only registered owner of the vehicle.  It provides some immunity and allows for law enforcement to leave the vehicle prior to the tow arriving.
• Increasing Penalties for DUI.  The House and Senate have both passed out a version of HB 1789, which requires a person convicted of reckless driving, under certain circumstances, or negligent driving in the first degree to install an ignition interlock device.  It also changes the definition of "prior offenses," expands the felony DUI law, and makes other changes to the statutes regarding alcohol-related traffic offenses.

Congestion Reduction Charge to Fund Transit Agencies (SSB 5457)
The House amended the bill on the floor to remove Community Transit and only require a simple majority of the County Council to enact the fee.

It also requires the governing body of a public transportation benefit area in such counties to: (1) Complete a congestion reduction and connectivity plan; (2) ensure that the congestion reduction and connectivity plan is consistent with the public transportation benefit area's existing transit development plan and long-range transit plan; (3) convene a regional task force to advise on the creation of the congestion reduction and connectivity plan; and (4) expend at least 10% of the proceeds of the congestion reduction charge in a manner consistent with the congestion reduction and connectivity plan.

It also prevents the expenditure of the proceeds of the congestion reduction charge until after the congestion reduction and connectivity plan is completed and approved by the governing body of the public transportation benefit area and the director of the public transportation division of the Washington State Department of Transportation.
 

Electric Vehicle Registration Fee (SSB 5251)
The bill passed the Senate after a ruling by the Lt. Governor that the proposed fee doesn't violate I-1053.  The bill imposes an additional fee of one hundred dollars at the time of initial vehicle registration and annual registration renewal for electric vehicles.  Once the account reaches a balance of $1 million, the state will share 30 percent of the excess with local governments.

The House holds a hearing this week. 

State Ferry System Revenue (SB 5742)

This bill passed the Senate and the House holds a hearing this week.

Provides funding and cost-saving measures for the Washington state ferry system. Abolishes the marine employees' commission and transfers its powers, duties, and functions to the public employment relations commission.

Requires the transportation commission to impose a vessel replacement surcharge of twenty-five cents on every ferry fare sold.

Provides a sales and use tax exemption on fuel purchased by the Washington state ferry system for use in a state-owned ferry after June 30, 2013.  The Senate amended the bill allow to county ferry systems with the same exemption.

Modifies provisions relating to public works contracts and collective bargaining.

Creates the capital vessel replacement account. 

Regarding Underground Utilities, aka "Dig Law" (ESHB 1634)
The bill passed the Senate as back in the House for concurrence.  The Senate accepted proposed amendments from cities and counties.  We now support the amended bill.

Concerning Financing Local Government Infrastructure (SSB 5844) 

This bill passed the Senate and is now in House Capital budget.
It calls for a report to the Legislature, prepared by the Public Works Board, by November 1, 2011. The report would outline an implementation plan to create a reformed state system for providing assistance for local infrastructure. The new system must have the following characteristics: transparency, accountability, efficiency, performance, and policy-focused investments. Each of these characteristics is described in more detail in Section 2 of the bill.

The bill would also authorize the Office of the State Treasurer to underwrite contingent loan agreements to reduce the cost of private market financing for local government projects.
We continue to work with the Legislature to create a public works financing system for the 21st century that meets the needs of counties.

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