Joint County/City Cost Reduction bill is heard in the House

Last week there was a variety of activity related to public health occurring on the hill.

WSALPHO appeared in a committee where it is rarely seen: House Transportation. On January 25th, that committee will heard HB 2370, which would include health as one of the policy goals of the state's transportation system. Further evidence that public health touches virtually every aspect of our daily lives.  Dr. Anthony Chen, Tacoma-Pierce County Health Department, Torney Smith, Spokane Regional Health District Administrator and Ngozi Oleru, Public Health Seattle-King County Environmental Health Director, all testified before the committee in support.  It is our understanding that this bill will make it out of committee and we will continue to be supportive.  Thanks to Rep. Billig for his leadership and support.

Additionally, the Washington State Public Health Association (WSPHA) held its Public Health Education Day. This event brought public health advocates from around the state to share with legislators the importance of public health programs and policies. WSALPHO was a sponsor of the event and a number of local health officials were on hand to visit with legislators and get the word out on protecting current levels of public health funding.  Thanks to all those who participated. Your presence made a difference.

This week will be busy with house and senate policy committee cutoffs and we will be working to ensure the public health related bills WSAC/WSALPHO support make it through.

Ensuring that persons with developmental disabilities be given the opportunity to transition to a community access program after enrollment in an employment program

This week SB 6384 will be heard in the Senate Health and Long-Term Care Committee on Wednesday, February 1 at 8:00 a.m. This bill, sponsored by Senator Parlette, would place into statute the requirement that individuals with developmental disabilities would be offered the choice to transition to community access programs after first being enrolled in an employment program for nine months. Counties administer Employment and Day programs and support this policy language that is consistent with the Senate budget position on developmental disabilities programs that passed in the budget last year.

Concerning low-income and homeless housing assistance surcharges

We continue to monitor and support HB 2048/SB 5952. The Senate version of the bill was heard in the Senate Financial Institution, Housing and Insurance Committee during special session. The bill would increase the document recording fee by $10 to through 2015 and extend 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 extending the sunset provision and the proposed increase in fees but opposed to provisions related to Washington State Quality Award Program (WSQA). This bill passed out of the Senate committee in executive session with an amendment that removes the WSQA and the bill was referred to the Senate Ways and Means committee. The House Rules committee pulled the House version from committee this week, but it has not yet been scheduled for a floor vote.   

Concerning the use of evidence-based practices for the delivery of services to children and juveniles  

HB 2536/SB 6205 was heard last week and the House version passed out of committee with amended language. This bill would require DSHS to use evidence based practices (EBP) within programs for juvenile offenders or the prevention, treatment, and care of recipients of children's mental health services or child welfare service. The bill would require DSHS, in collaboration with the state institute for public policy and the University of Washington evidence-based practice institute, to redirect existing funding resources as necessary to coordinate the purchase of evidence-based services and the development of a workforce trained to implement evidence-based practices. We are supportive of the goals of the bill, but testified with concerns related to impacts to existing programs for children if funds are redirected in this time of diminishing resources and also the percentage requirements for use of EBPs that may not provide coverage for the diverse needs of the children served in the Regional Support Network system.

Concerning sales and use tax for chemical dependency, mental health treatment, and therapeutic courts 

HB 2357 that would Extend the partial suspension of the non-supplant restriction for the county mental health/chemical dependency sales and use tax was heard in the House Ways and Means Committee. There are now 19 counties that have passed the sales tax, with Lewis, Mason, Walla Walla and Skamania counties passing it since the last legislative session. This bill would allow a county with a population larger than 25,000 and a city with a population over 30,000 to use up to 50 percent of the mental health/chemical dependency sales and use tax to supplant existing funds in the first three calendar years in which the tax is imposed. Up to 25 percent may be used to supplant existing funds in the fourth and fifth years in which the tax is imposed. The bill does not impact supplant provisions for counties under 25,000 in population. The bill sponsor spoke in support of this bill as a way to encourage and support passage of the sales tax by the City of Tacoma. The bill, as written, posed a technical problem for those counties that had already passed the tax. We testified in support of flexibility with local revenue sources, but let the committee know of our concerns with the bill language. This bill has not yet been scheduled for executive session.

Regarding the disclosure of health care information 

HB 2316 maintains standards of privacy for patient information and records related to mental health services and information related to sexually transmitted disease and would consolidate those provisions in the Uniform Health Care Information Act. The bill language changes and adds situations in which the disclosure of mental health and sexually transmitted disease information is permitted without an authorization such as to provide health care to the patient, for research, and to coroners and medical examiners. The bill was passed out of the House Committee on Health Care and Wellness with amended language. We will continue to monitor and work with sponsors to ensure that any further amendments are consistent with Regional Support Network practice.

A number of bills related to the Governor's supplemental budget proposal that we testified on during the special session in December have not been moved out of the committees and not yet schedule for executive session. We continue to monitor these bills. HB 2130 related to

Critical Access Hospitals would eliminate cost-based reimbursement funding for critical access hospitals. During the special session, representatives from dozens of critical access hospitals testified in House Ways and Means 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. HB 2139 Regional Support Networks (RSNs) 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 House Ways and Means 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. We are working with legislators to ensure 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.

The House Environment Committee passed legislation that would streamline SEPA processes (HB 2253). The bill was amended substantially in order to gain approval. The Department of Ecology is given limited rule-making authority to develop higher categorical exemptions, in consultation with an advisory group that would include county interests. The bill still includes categorical exemptions for non-project actions, such as amending development regulations to bring them into compliance with an updated Shoreline Master Program. The House General Government Appropriations Committee is likely to weigh in on the legislation before it moves to the House floor.

The House Environment Committee heard HB 2245, which would require local governments to add a question to the SEPA checklist inquiring whether the project will negatively affect the preservation and conservation of agricultural resource lands. While there were some concerns about the fact that the bill creates additional SEPA responsibilities, WSAC heard from some members that they appreciated the desire to protect agricultural land. As a result WSAC did not weigh in on the bill. Oddly, though the bill received no negative testimony, it did not receive sufficient votes to move from committee.

Next Friday is the deadline to move bills out of policy committees. Only three land use bills are currently scheduled to be heard. All of these are scheduled in the Senate Government Operations , Tribal Relations & Elections Committee at 10:00 am on Monday, January 30, and all three are sponsored by Senator Ericksen. SB 6190 inserts language into the Growth Management Act dealing with the purpose of urban growth areas; SB 6192 inserts definitions of "sprawl" and "low density sprawl" into the Growth Management Act; SB 6193 requires counties to use the middle range population projection for Growth Management planning. All three are somewhat concerning to county planners, and the need for the legislation has been questioned.   WSAC staff will be watching these bills closely.

The Senate Energy, Natural Resources & Marine Waters Committee heard the WSAC/DNR request legislation (SB 6195) that allows Pacific, Wahkiakum, Skamania, and Klickitat Counties to pool newly acquired trust lands. Commissioners Pearce, and Cothren testified in support of the bill. The House version of this bill (HB 2329) is being heard in the House Capital Budget Committee at 8:00 am on Tuesday, January 31st.

The House Agriculture and Natural Resources Committee considered legislation that deals with exempt wells (HB 2311). The bill is proposed by Kittitas County, and would provide counties with local control over the amount of water that could be used by individual exempt wells. This legislation has been endorsed by the WSAC Exempt Well Task Force, and WSAC President, Commissioner Paul Pearce testified in support of the bill along with all three Kittitas County Commissioners. Several interests opposed the bill, including Tribes, some Realtor groups, and one Kittitas County resident. However, the bill was supported by environmental groups.

The Senate Energy, Natural Resources & Marine Waters Committee heard Senator Hargrove's omnibus natural resource program reform bill (SB 6406) which includes provisions that integrate Hydraulic Project Approvals (HPA) into the Forest Practices permits, attempts to streamline HPA's, and includes SEPA reform and GMA appeal reform measures.   Commissioner Pearce testified in support of the effort between WSAC and the Department of Fish and Wildlife to integrate HPA's for projects above the ordinary high water mark into existing local government permits. WSAC staff testified in support of the SEPA and GMA streamlining elements. Many other interest groups testified on the bill including environmental groups (opposed), Tribes (opposed), business groups (concerned), cities and ports (concerned), forest landowners (in support of the forest practices elements) and agencies (some in support, some concerned). This bill will be a work in progress all session long, and we expect the measure to move out of committee this week.

Transportation and Public Works

Both the House and Senate Transportation Committees held hearings on the Governor's bills

HB 2660/SB 6455. Almost everyone spoke in favor of the bills and thanked the Governor for her leadership. There has been a lot of conversations behind the scenes with committee members and chairs. Staff will report on those conversations at the LSC meeting.

HB 2704 establishes a road user future funding task force to assist the Transportation Commission and the Legislature in developing the policy for a new system of revenue collection for Washington's roads and highways. It requires the new revenue collection system be developed to assess a fee based on usage of state and local roads.  HB 2704 is scheduled for public hearing in the House Transportation Committee on February 1.

HB 2659 - There is a gap in the current law regarding how some cities within a county and the county can form a Transportation Benefit District (TBD) and impose the $20 vehicle license fee when another city within the county has already imposed the TBD vehicle license fee. HB 2659 attempts to address that situation. In addition, HB 2659 clarifies the definition of transportation improvement.

AWC has initiated this legislation and is working with Thurston County and cities within Thurston County to testify in support of this bill when it is heard in the House Transportation Committee on January 31.

The Senate companion, SB 6451, is scheduled for public hearing in the Senate Transportation Committee on January 31.

General Government, Labor and Pension

ACTION ALERT: Injunctive Relief from Harassing and Overly Burdensome Records Requests

SB 6351 provides much needed relief to local governments from harassing and or overly burdensome requests. SB 6351 expands the existing statute that allows for relief from inmates to relief from harassment and overly burdensome requests regardless of the source. There is significant opposition to this bill and your assistance is needed. Please call your Senator(s) and ask them to support this important piece of Legislation.

It is being heard on Tuesday at 1:30 in the Senate Committee on Government Operations and Tribal Relations & Elections (Gov Opps). It needs to exec'd from the Gov Opps by Friday or will be dead until next year. WSAC staff believe it is unlikely to be passed out of Gov Opps unless there is substantial support in the entire Senate.

SB 5049 requires counties to make public the applications of finalists applying for the highest management position in the county. It is being heard on Tuesday at 1:30 in the Senate Committee on Government Operations and Tribal Relations & Elections. WSAC staff is concerned that this will have a chilling effect on applicants. What if an applicant has not or does not want their current employer to know they are seeking employment elsewhere? Even if that applicant were not a finalist and simply applied, that information would become public. This will cause good applicants to think twice before they apply. This bill is a hold over from last year. It did not pass the Senate during the 2011 session.

The WSAC Legislative Steering Committee (LSC) took a position to oppose SB 6109 during the January 19th meeting. SB 6109 was introduced by the Attorney General and the State Auditor. It is being heard on Tuesday at 1:30 in the Senate Committee on Government Operations and Tribal Relations & Elections. The bill states that video and audio recordings of any portion of an executive session are exempt from public disclosure. The bill allows a legislative body to waive this exemption for any portion of a recording not made confidential by some other law if the majority of the legislative body chooses to do so.

Monday night the House Committee on Labor & Workforce Development will hear two bills related to a November PERC board decision that determined interpreters who work in the Medicaid Administrative Match (MAM) program as well as those who work in legal settings are part of the statewide bargaining unit.

In 2010,ESSB 6726 granted collective bargaining rights under the Public Employees' Collective Bargaining Act (PECBA) to language access providers. "Language access providers" are defined as independent contractors who provide spoken language interpreter services for DSHS appointments or Medicaid enrollee appointments, but not owners, managers, or employees of brokers or language access agencies.

WSAC staff did not anticipate that this bill would apply to interpreters who work in local courts during dependency proceedings and certainly not as part the of the MAM program.  

HB 2711 clarifies in statute that interpreters in legal proceedings and the MAM program are excluded from the Public Employees' Collective Bargaining Act. WSAC supports this bill.

Senate and House "Jobs" proposal are released

206 Tenth Avenue SE, Olympia, Washington

www.wacounties.org/wsac

360.753.1886