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The Latest from Olympia

January 16, 2012

IN THIS ISSUE
Criminal Justice
Public Health
Hydraulic Project Approval
Natural Resources, Land Use and Environment
Transportation & Public Works
Energy & Utilities

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WSAC News Corner

 

The formal start of this legislative session began with a state-of-the-state address by the Governor delivered to a combined audience of House and Senate members, statewide elected officials and Supreme Court Justices. This was the last for Governor Gregoire.  A copy of her speech can be found here.  It was followed by a series of formal and informal press events called by legislative leadership and a variety of interest groups promoting one or another issue or agenda.

 

Because this is a 60-day session and all the bills that failed in the previous session are still alive, the legislature was able to hit the ground running.  Hearings started on the first day.

 

The focus of this session will be on the supplemental budget and what kind of reforms can be made to help close the budget gap.  All of the caucuses have announced some sort of reform package.  They can be found here:

 

The Governor's Agenda 

 

Senate Democrat Ideas for Reform News Release

 

Senate Democrate Ideas for Reform Short List

 

Senate Republican Ideas for Reform "Reset Washington"

 

Senate Republican Ideas for Reform "55 Solutions"

 

House Democrat Ideas for Reform

 

House Republican Ideas for Reform

 

Both WSAC and AWC will be offering a variety of reforms and cost saving ideas.  We are still working with the House and Senate on what might be in a joint bill.  We do know one bill will focus on cost saving proposals and the other will focus on revenue flexibility and generation.  Once we have the details, we will provide them.  Along with the joint bill, there are individual bills that will help with our budget problems.  

 

Legislative Work Sessions on County Government

 

The Senate Transportation Committee will be holding a work session on January 17th.  WSAC and WSACE will be presenting an overview of the county transportation system and investment needs.

 

The House Ways and Means Committee will be holding a work session about the history of local governments and special purpose districts.  Their staff will provide an overview of responsibilities and revenue sources.  WSAC will provide an overview of county responsibilities, cost drivers, and revenue sources.  We will also provide examples and recommendations to them on how they can help counties in the short run and over the long run.   The presentation will be posted on the website.

 

Legislative Steering Committee

 

The LSC will meet January 19th at 8:00 am at the Washington PUD Association building.  The agenda will be mailed out to the committee and posted on the website.  On January 18th at 6:30 pm there will be a roundtable meeting at the WSAC building.  Pizza and refreshments will be provided.

 

Criminal Justice

  

Counties Asked to Pay for Wrongful Convictions


HB 2221, which was heard last week in the House Judiciary Committee, would require counties to provide compensation to individuals who were wrongfully convicted irrespective of fault.  The bill provides $50,000 for each year wrongfully spent in prision, plus tution waivers for family members and ten years of state health benefits, all to be paid by the county in which the individual was convicted.  WSAC, Washington Assocation of Prosecuting Attorneys, and the State Office of the Attorney General all testified against the bill.  WSAC staff stressed that in these cases no county employees were at fault.  That in fact a jury or a judge acting on behalf of the state came to the wrong conclusion and therefore the state should pay for the entitlement if they want to create it.  This bill is currently scheduled for executive session.  

DUI Legislation


The House Judiciary Committee will be hearing a host of bills pertaining to Driving Under the Influence (DUI), including Governor requested legislation and priority legislation from the Washington Association of Prosecuting Attorneys (WAPA).  The Governor's bill increases penalties for individuals who drive under influence with children in the car.  The WAPA bill makes the penalties for the crime of vehicular homicide as serious as manslaughter. 

Update: Dolan v. King County


WSAC staff had asked the Supreme Court to reconsider their decision in the Dolan v. King County case, in which indigent defense contractors were determined to be county employees.  WSAC was concerned that the decision potentially limits counties ability to contract for services. Last week, the Supreme Court declined to reconsider. 

Contractor Indemnification


HB 1559, which limits the enforceability of indemnification agreements between public agencies and design professionals, was heard in the House Judiciary Committee last week.  WSAC staff contend that this bill eliminates design professionals' duty to defend their work and exposes us to greater liability. 

Tribal Retrocession


SB 6147/HB 2233 creates a procedure for the state's retrocession of civil and criminal jurisdiction over Indian tribes and Indian country.  This bill will be heard on Tuesday January 17th in the Senate Government Opperations Committee and on Wednesday January 18th in the State Government and Tribal Affairs Committee.  Counties have been working with the sponsor to help ensure that there is a smooth transition of services from county providers to Tribes.   


 

Public Health

 

In the first week of session, the House and Senate health committees got well under way hearing a number of health related bills.  This pace will continue next week.


During the second week of this legislative session, the various health committees have several interesting hearings scheduled:


On Monday, the House Health Care & Wellness Committee will hear HB 2341, which concerns the duties of a non-profit hospital to serve its community.  When health care coverage expands in 2014, the expectation by all is that demand for charity care will decrease.  As a result, the federal law requires that hospitals complete a community health assessment and decide what benefits they will provide the community, which can include charity care, if they desire.  The law also allows states to provide guidance regarding how the health assessment is conducted and how benefits are chosen.  This bill provides that guidance.  It requires, among other things, that they involve the community, consider the level of illness in the community (including types of illness and disease) and examine health data as they conduct both their assessment and choose benefits.  It also provides them with choices regarding the level of community benefit they provide.  WSALPHO Chair Peter Browning will be in Olympia to testify in support of this proposed legislation.


Also in the House, the Health and Human Services Appropriations & Oversight Committee, will hold a work session on tobacco cessation on Tuesday morning.


In the other chamber, the Senate Health & Long-Term Care Committee will hold a Wednesday hearing on a new medical marijuana bill. WSAC will be watching this closely.


On Thursday SB 6116, concerning on-site sewage program management plans, will be heard in the Senate Government Operations Committee. The proposed legislation clarifies that local Boards of Health have the authority to establish rates and charges to fund the implementation of OSS Management Plans. (The authority to charge fees is currently authorized in WAC but not in statute). The legislation also clarifies that county treasurers can collect these rates and charges as part of the property tax collection system, and provides a mechanism for collection of delinquent payments. These procedures mirror procedures for other charges collected by county treasurers.  WSALHO and WSAC are supportive of this bill and Thurston County Environmental Health Director Art Starry will be testifying in support.


State Public Health Funding


With regard to existing state public health funding, our meetings with sympathetic House members this week always generated the same legislative advice: "the Governor's budget didn't cut you further so keep your head down and don't do anything to mess that up."  We expect to hear the same advice from the Senate.  That said, it is still extremely valuable for you to continue to be having conversations with your legislators and gently reminding them that these dollars fund core/basic public health functions keeping that statewide safety-net intact.

Health and Human Services

 

As it was last session, the focus on human services continues to be the budget. A number of bills were introduced during the special session. 

  

SHB 2131 Delaying implementation of certain provisions related to evaluations of persons under the involuntary treatment act

  

This bill passed during the special session and was signed by the Governor. The bill delays implementation of some provisions of 2010 legislation that expanded the factors that may be considered for detaining and committing persons under the Involuntary Treatment Act from January 2012 until July 2015 and shows as a $22 million dollar cost savings in the Governor's supplemental budget. We testified in support of this bill in both House and Senate Ways and Means Committees based on the estimated costs of implementation of the bill in a time that there is already a shortage of mental health treatment beds in the community. Based on testimony of family members, a substitute version of the bill passed the legislature that requires information from credible witnesses to be considered by mental health professionals when making detention decisions which will take effect January 1, 2012.

  

HB 2130 Critical Access Hospitals

 

This bill would eliminate cost-based reimbursement funding for critical access hospitals. During the special session, representatives from dozens of critical access hospitals testified in the House Ways and Means Committee opposed to the bill in the hearing stating they may not be able to stay open due to the loss in funding that would result from the proposal. We testified with our concerns after hearing from a number of counties that the critical access hospitals are the only place within many miles with crisis and mental health beds. The bill has not yet been scheduled for executive session in the House committee.

 

HB 2139 Regional Support Networks (RSNs)

 

This bill would allow the Department of Social and Health Services to redefine RSN boundaries and limits the number of RSNs in the state to six. We testified in the House Ways and Means Committee opposed to the bill due to budget savings assumptions made in the Governor's supplemental budget proposal related to the bill and also to the authority given to DSHS. We also made the point that a number of RSNs and counties are working towards mergers and consolidation. We urged the committee to support current local consolidation efforts and to make sure that any legislative proposals to limit the number of RSNs be based on a thoughtful data based approach keeping in mind the changes coming with health reform. This bill has not yet been scheduled for executive session.    

 

SB 5952 Concerning low-income and homeless housing assistance surcharges

 

This bill was heard in the Senate Financial Institution, Housing and Insurance Committee during special session. This bill mirrors language in HB 2048 from last year as it passed out of the House. The bill increases the document recording fee by $10 through 2015 and extends the existing recording fee increases until 2017. The bill also includes some additional reporting requirements that were negotiated with stakeholders.  WSAC testified in support of moving out the sunset clause and the proposed increase in fees but opposed to provisions related to Washington State Quality Award Program. This bill is scheduled for executive session on January 18th.     

 

 

 

Natural Resources, Land Use and Environment

 

Land Use

 

The House Environment Committee heard Representative Fitzgibbon's bill that attempts to streamline the State Environmental Policy Act (HB 2253).  Despite a substantial amount of stakeholder work over the fall, the bill is quite controversial.  As a result the hearing was rocky.  WSAC, the Association of Washington Cities, the Association of Washington Business, and the environmental community all testified that they would like the bill to continue moving forward while changes are negotiated.  The Senate companion bill (SB 6130) will be heard on Wednesday January 18th in the Senate Environment Committee.

 

The Senate Government Operations, Tribal Relations, & Elections Committee will be hearing significant Growth Management Act (GMA) legislation on Thursday January 19th at 1:30.  The bill (SB 6154) would raise the cost of filing a GMA appeal, and would eliminate the participation standing standard for challenging local government GMA actions.  This would reduce the frequency of GMA appeals for counties, a position supported by the WSAC Legislative Steering Committee.  WSAC members are encouraged to call their legislators in support of this legislation.  

 

Natural Resources & Environment

 

WSAC staff have been working in cooperation with DNR staff to advance legislation that would allow Pacific, Wahkiakum, Skamania, and Klickitat Counties to pool newly acquired trust lands.  These lands will be slowly acquired over time as lands that have been encumbered by Endangered Species Act restrictions are transferred to conservation status.  This program was proposed by WSAC and approved by the legislature in 2009.  The House version of this bill (HB 2329) is being heard on Tuesday January 17th in the House Agriculture and Natural Resources Committee.  The Senate version of the bill (SB 6195) has been introduced but is not yet scheduled for a hearing.  

 

WSAC staff continue to meet with other representatives of local government and business that are regulated by the Department of Fish and Wildlife's hydraulics program.  There are indications that legislation may be again introduced that would implement a new fee for Hydraulic Project Approvals (HPA's) as well as reforms for the program.  

 

Next week, the House Environment Committee will hold a hearing on HB 2277.  This legislation amends statutes governing the Puget Sound Partnership.  Many of the changes are technical in nature, but the bill also removes the Puget Sound "partner" designation from many state grant-making programs.  WSAC views this as a positive change.  If members are interested in testifying on this bill or talking to their legislators, the hearing is at 1:30 on Friday January 20th.   

Transportation & Public Works 

 

Over the summer the Governor convened a group of leaders from around the state to develop and recommend an investment strategy for transportation.  The group is called Connecting Washington. The counties were represented by Kitsap County Commissioner Charlette Garrido, Benton County Commissioner Leo Bowman and Deputy King County Executive Fred Jarrett.  A big round of thanks for all of their hard work and attending five day long meetings.

 

The Governor actively participated with the group.  She took their recommendations and announced her recommendation to the Legislature this week.  A copy of the recommendation can be found here.

 

We appreciate the Governor's willingness to put something forward to the legislature.  We will be discussing the proposal and working it through the legislative process.  Input and suggestions are appreciated.

 

The Senate Transportation Committee will hold a hearing on January 17th at 3:30 pm on SB 6081- Authorizing counties and ferry districts operating ferries to impose a vessel replacement surcharge on ferry fares sold.

 

 

Energy  & Utilities
 

The Senate Energy and Natural Resources committee held a hearing last week on SB 6018. This bill would require local governments to adopt ordinances to site small-scale renewable energy resources.  Small-scale is defined as 100Kw or less.  If the local government doesn't adopt an ordinance they would be preempted by the state and the applicant could apply to the Energy Facility Site Evaluation Council for a permit.   Thanks to Kittitas County Commissioner Jewel for getting up real early in the morning to testify before the committee at 8:00 am.  Both WSAC and AWC testified against this bill.  

 

This bill is a companion to SHB 1081 was pulled to the House floor this week.  A legislative alert was sent out Friday morning to the LSC members.

 

The House Technology and Energy committee will hold a hearing on HB 2243, January 18th at 1:30 pm.  The bill increases the allowable electrical generating capacity of a net metering system to two megawatts.  This is important because both and SHB 1081 are tied to the definition of net metering.

 


 

 

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