WSAC Legislative Bulletin - April 18, 2011

It became obvious last week the legislature would not be able to complete their work by April 24th, which is the Constitutionally required day for Sine Die. This weekend is Easter and they all want to go home for the weekend. The big question that remains is when will they come back to complete the job.

The Senate passed its version of the budget out of committee Friday evening and expected to pass it off the floor on Monday. Even though the Senate has not passed its budget, both chambers are working to reach an agreement. The House and Senate must also pass a number of bills considered necessary to implement their agreed to budget. That is why they are not adjourning on time and a special session will be held.

The House and the Senate Reconcile Differences

The legislature will spend this week reconciling their differences in the bills that have passed either chamber. Either chamber can insist on their position and agree to a conference; they can concur with the amendment from the other chamber; or they can insist on their position and see if the other chamber will blink.

Major Policies Still in Play

Toward the end of session there are usually a handful of major issues that are in play between both chambers. The Senate has booked the savings from a major reform to the workers compensation program. The House has booked the income from leasing the liquor distribution center. The Senate has passed a proposed constitutional amendment that would smooth out capital budget expenditures over time. The House has rolled the capital budget bond bill into a bill with the expenditures into a single bill. These are just a few of the examples of major issues that separate the two chambers. They will take time and compromise if an agreement is to be reached.

The Legislative Steering Committee

The Legislative Steering Committee met April 14 for the final time, in person anyway, this regular legislative session. The Committee discussed the various proposals affecting liquor and workers compensation as well as reviewed a comparison of the House and Senate budgets. Staff also provided updates on key bills, living, dead and necessary to implement the budget. Future LSC meetings, if required, will most likely be held via conference call. Your policy staff will keep you up-to-date on where things are headed.

News of Note:

WSAC Members meet with State Health and Human Service Leaders

On Wednesday April 13, some 30 County Commissioners and County Council Members, along with county public health and human services staff from both the Association of County Human Services (ACHS) and the Washington State Association of Public Health Officials (WSALPHO) met with state leaders to discuss health and human services issues.

Secretary Selecky of the Department of Health (DOH), Secretary Dreyfus of the Department of Social and Health Services (DSHS) and Doug Porter, the Director of the Health Care Authority (HCA) provided an overview of budget issues and proposed and approved legislation. The most lively discussions occurred regarding health reform and how counties can best plan for and partner with the state moving forward.

The group discussed current issues in Washington D.C and changes to health reform at the Federal level and how it will impact our current delivery system. The panel made it clear that the Governor intends to reform the health system regardless of what happens at the Federal level. There was recognition that costs for healthcare are continuing to increase as part of the state and local budgets and that initiatives to reduce healthcare costs should continue and expand. Some of the other topics covered included:

How counties can best partner with the state in delivery of human services and public health in this time of budget reductions;
Current planning efforts around the states to implement health reform;
Assuring the state includes counties in reform planning; and
Medicaid coverage related to jails.

The Health and Human Services Legislative Steering Committee Workgroup, co-chaired by Pend Oreille County Commissioner Diane Wear and Clark County Commissioner Marc Boldt, began meeting by phone in October. As providers of behavioral health, public health and other human services, it is imperative we are active in understanding and advocating on reform and changes in implementation. The Health and Human Services Legislative Steering Committee Workgroup meets regularly via conference call and this forum provided WSAC members an opportunity to meet with the leaders and further discuss the issues.

If you would like to participate on the Steering Committee, please contact WSAC Policy Director Rashi Gupta, at 360-489-3021 or rgupta@wacounties.org.

For more information please visit:

Governor's Health Care Cabinet Website:

http://governor.wa.gov/priorities/healthcare/cabinet.asp

The Joint Legislative Committee on Health Care Reform can be found at:

http://www.leg.wa.gov/JointCommittees/HRI/Pages/Meetings.aspx

Budget, Finance & Taxes

Fiscal Relief Legislation (SHB 1478)

The bill is back to the House for concurrence on the Senate amendments. A House member has expressed concerns with amendment that would repeal the requirement for certain jurisdictions to conduct quality management reports.

General Government

Public Records Legislation: Two Passed; One Left
Last week I indicated that there were three commonsense public records bills that help the taxpayer and local government that were awaiting action in either the House or the Senate. Well, the Senate concurred on two of them, and they have been sent to the Governor:

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.

We still need the House and the Senate to come to agreement on HB 1899. House Bill 1899 allows the court the discretion to award no daily penalties for a public records violation, without increasing the maximum penalty. This bill passed out of the Senate 49-0 and out of the House 96-2. We should be able to get it done, but we are running out of time. The Newspapers have been fighting this bill all session, even though it would likely have minimal to no effect on them.

Human Services, Health & Housing

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 awaiting signature by the Governor.

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.

Land Use

Last week was quiet for the few remaining land use related bills.

The House concurred with the Senate amendments to HB 1886. This is 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.

The Senate concurred in the House amendments to 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.

Senate Committee Scales Back Pre-emption for Small-Scale Renewable Energy Project Permitting (ESHB 1081)
would require cities and counties to site certain small scale renewable energy facilities. The House prime sponsor doesn't like the Senate amendments. The Senate is insisting on their position and they originally passed their bill 49-0.

Natural Resources & Environment

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

The House concurred with the Senate amendments to the WSAC request legislation (HB 1582) dealing with applications for forest practices on lands that are being converted to another use.

WSAC staff spent considerable time on the proposal that makes significant changes to the Department of Fish and Wildlife's hydraulics program, and Department of Natural Resources forest practices program (SB 5862). On Thursday, the Legislative Steering Committee took a position in opposition to the bill as long as it contains provisions enhancing the Department of Fish and Wildlife's civil enforcement powers. The Governor's Chief of Staff has initiated negotiations with interested parties, including WSAC.

The House concurred in the Senate amendments to 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 has been delivered to the Governor's desk. 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.

Public Safety

Medical Cannabis (E2SSB 5073)
The Governor has recently weighed in expressing concerns about the legality of this bill. The Governor asked the U.S. Attorney General for clarification regarding Medical Cannabis, especially in light of recent raids and other actions by the Federal Government in several western states. The U.S. Attorneys for Washington responded with a letter indicating that they would investigate and prosecute those involved in the production and trade of any illegal drug. The letter also stated that government employees involved in the regulation of medical cannabis would not be immune from liability.

Here is a copy of the letter to the Governor.
http://seattletimes.nwsource.com/ABPub/2011/04/14/2014778917.pdf

Although I still believe a Medical Cannabis bill will pass the legislature, given recent events, I expect the scope of the legislation to be limited.

Other Public Safety Bills

Judicial Stabilization Trust Account (JSTA). SB 5941 & HB 2081 extend the court filing fees that were set to expire in 2011. Currently these filing fees are placed in the JSTA, which is used to partially fund the state's Office of Public Defense, Office of Civil Legal Aid, and Administrative Office of the Courts. HB 2081 extends the fee for two years; all funds would continue to go to the JSTA. SB 5941 would establish a split between the JSTA and the counties who collect the fees. We support the Senate bill.
Early Release of Prison Offenders. Both the House and the Senate assumes a significant number of high risk felony offenders will be released 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.
Supervision for Offenders Sentenced to a First Time Offender Waiver. SB 5875 changes the community supervision length for the first time offender waiver sentencing alternative from one year to six months for those without treatment conditions and from two years to one year for those who have treatment conditions included in their sentence.
Reduce Supervision of Jail Offenders. SB 5891 eliminates DOC supervision of offenders releasing from Jail except for; high violent offenders and offenders in treatment based alternatives, such as; DOSA, SSOSA, FTOW, etc.

Transportation & Public Works

Congestion Reduction Charge to Fund Transit Agencies (SSB 5457)
Allows King County to impose a temporary vehicle registration fee to help fund transit operations. The House amended the bill to exclude Community Transit and changed from a super majority to a simple majority. The bill is now headed to conference.

State Ferry System Revenue (SB 5742)

The bill provides for a fare surcharge to help build the next 144 car ferry. It also allows state and county ferry systems an exemption on the sales tax on fuel purchased for those ferry systems.

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