WSAC Legislative Bulletin - February 13, 2012

Legislators have until 5:00 pm, Tuesday to pass non-budget-related bills from either the House or Senate, after which those that survive are considered in the opposite chamber.

Legislative Steering Committee meets Thursday in Olympia

The LSC will meet this Thursday from 8 am until 10 am. The agenda and meeting materials will be e-mailed out later this week. There will also be a Wednesday night meeting at WSAC from 6 pm until 8 pm. LSC members are encouraged to set up meetings with legislators while they are in town.

Revenue Forecast and Caseload Forecasts are released this week

First the good news, the caseload forecast is estimating a $200 million in reduced spending. The Washington State Caseload Forecast Council said some of the biggest drivers behind the drop in demand for state services are fewer students than expected enrolling in public schools and fewer people than expected using state health care programs for the poor.

The revenue forecast will be released Thursday morning. The revenue forecast along with the caseload forecast will provide the budget writers the final data they need in order to write a budget that closes the budget gap.

Tax, Finance and Local Government Fiscal Health

It is Time for you to Contact the House and Senate Ways and Means Members

We can't emphasize enough how critical the next few weeks are and the importance of adding your individual voices to the chorus of those from around the state (with many valid and sometimes conflicting interests) all asking their legislators "don't cut me." Please call or e-mail Senate and House Ways and Means members and let them know:

We realize we are not immune to cuts and we need help and authority to reduce and manage our costs. We are frustrated our ideas are stuck.
Most of the easy choices for cost reductions have already been made at the local and state level. We understand the choices that remain are difficult and we're sympathetic to that. However, we need your help.
Preserve our long-standing partnership as your administrative agent and service delivery partner. The shared revenues are key source of funds to meet state mandates.
Eliminate whole programs when possible-if you can't fund the program or mandate, then repeal it.
Provide us with revenue flexibility and diversity in order to meet local needs.

We have been told by some legislators that when the budget comes out we will also see a new bill that reduces local cost drivers, reductions in state shared revenues and new revenue options.

President Pearce sent a letter to legislative and budget leaders reminding them of the need to work with counties on a balanced approach to solving state and county budgets. The letter also expressed frustration with the inability to move legislation that helps local governments control their expenses.

Revenue Sustainability

WSAC and AWC are working together to move HB 2728/SB 6521 which would provide much needed revenue sustainability - in other words, new options for or changed circumstances by which revenue can be raised locally. We have been told by key legislators we will see a revised bill when the budgets are released.

Criminal Justice

Gang Legislation: Three Pieces in the House

All three House bills introduced this year related to decreasing gang violence are still alive.

HB 2594 allows prosecuting attorneys to seek injunctive relief against adults shown to be members or associates of a criminal street gang. This bill is in House Rules. It faces significant opposition from the ACLU, defense attorneys, and community groups.

HB 2535 authorizes counties to establish and operate juvenile gang courts, where juvenile offenders involved in criminal gangs may receive evidence-based services designed to reduce gang-related offenses while under continuous court supervision. This bill passed off the House Floor 92-4.

HB 2432 creates the Criminal Street Gang Prevention and Intervention Grant Program Account to help prevent gang violence. There is no funding for the program in the bill as it currently stands. It is on the House Floor awaiting action.

Requiring Counties to Pay for Wrongful Convicts: Dies in the House

HB 2221 would have required counties to provide compensation to individuals who were wrongfully convicted irrespective of fault. This bill was not passed out of the House Ways and Means Committee.

Public Health

Non-Profit Hospitals

HB 2341 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.

This bill has been placed on second reading and will likely have floor action this week. WSALPHO supports this bill.

On-Site Sewage Program

SB 6116, concerning on-site sewage program management plans, which passed off the Senate floor unanimously, will be heard in the House Environment Committee and then is schedule to be exec'd the following day. 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.

This is WSAC/WSALPHO supported legislation and we will be working to see that this bill makes it through committee and to the House floor for final passage.

Health and Human Services

We have been working hard letting legislative members know the impacts of reductions to human services programs. There is an understanding among legislators of the importance of programs to individuals in our communities, but with the magnitude of the budget deficit, and the fact that a large portion of the state general funds are in human services, I think it will serve us all well to hope for the best, but be prepared to see the worst in the budget proposals.

As we wait to see the budget proposals, here are some of the bills we are tracking for health and human services:

Persons with Developmental Disabilities and Community Access Programs

The day SB 6384 passed off the floor of the Senate was a very exciting one for all involved! The Developmental Disabilities community held their Employment for All advocacy day and Senator Parlette, prime sponsor of the bill, spoke to the rally and invited the attendees to be in the Senate gallery to watch the vote and be introduced as guests. Individuals with developmental disabilities who are working in jobs with support from county programs, their parents and job coaches watched with other advocates as the Senate unanimously passed the bill.

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.

The bill is now scheduled for hearing in the House Early Learning and Human Services Committee on February 16 at 8 am.

SB 6578 Providing Funding for Chemical Dependency Treatment

This bill would deposit 50 percent of the license fees from spirits distributors into the Liquor Revolving Fund. Thirty percent are deposited into the newly created Chemical Dependency Treatment Account for treatment services provided to low-income individuals. 20 percent would be deposited into the CJTA to fund county drug courts.

Additionally the 10 percent spirits distribution fee would remain at 10 percent indefinitely instead of dropping to 5 percent after two years. We testified in Senate Ways and Means on the importance of funding for treatment and reminded the committee of the data that shows for every dollar of chemical dependency treatment that is cut there are additional dollars spent in more expensive crisis and criminal justice costs.

HB 2048/SB 5952 Concerning Low-Income and Homeless Housing Assistance Surcharges

We continue to monitor and support HB 2048/SB 5952. The bill would increase the document recording fee by $10 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 has taken a position in support of extending the sunset provision and the proposed increase in fees but is opposed to provisions related to Washington State Quality Award Program (WSQA), also known as the Baldrige requirements. Counties understand and support the need for accountability, but we see this requirement language as an unnecessary administrative burden in this time of diminishing human services resources and greater need for housing in many parts of the state.

The House version of the bill passed off the floor of the House mostly on party lines and includes the WSQA language. The Senate version was heard in the Senate Ways and Means committee but has not yet been voted out of the committee.

Natural Resources, Land Use and Environment

Land Use

Both bills that streamline SEPA reviews, HB 2253/SB 6130 are progressing forward. Representative Fitzgibbon's bill continues to be the main bill and is the most likely to be adopted. Environmental organizations, cities, and business are supportive of the latest version and the bill will likely move off the floor of the House on Monday.

SB 6406, Senator Hargrove's bill that deals with Hydraulic Project Approvals and Forest Practices Applications continues to contain a section that would have made it harder to appeal county land use decisions under the Growth Management Act. WSAC staff have been talking with Futurewise about whether there is a compromise possible on this issue.

Natural Resources & Environment

The WSAC legislation that allows Wahkiakum, Pacific, and Skamania counties to pool replacement lands that are being purchased to replace trust lands that are encumbered by the Endangered Species Act (HB 2329) passed off the House floor with a unanimous vote.

SB 6406, Senator Hargrove's bill that deals with Hydraulic Project Approvals (HPA), forest practices, SEPA and GMA appeals is still in the Senate Ways and Means Committee. However, the bill is considered necessary to implement the budget and is exempt from cutoffs. The business community has agreed to a flat-fee on HPA's that would expire in 2014, at which time a report would be made to the legislature about whether any regulatory gaps exist above the ordinary high water line that necessitate HPA regulation in that area. The details of this compromise are being negotiated.

Timber County Chair, Dan Cothren, sent a letter to members of the House and Senate Ways and Means Committees in support of the distribution of excess timber management revenue. The request was made by the Commissioner of Public Lands and Governor Gregoire. Please call your legislators in support of this request. The letter can be found here.

Transportation & Public Works

This is the first time since 2005 that local option revenue bills moved out of committee in both chambers. We need to keep both bills moving so please contact your legislators and ask for their support. While these bills aren't perfect, we are continuing to work with both the House and the Senate to improve them.

SSB 6582

Modifies Transportation Benefit Districts revenue authority:

Increases the councilmanic vehicle fee authority from $20 to $40.
Adds the option of a one-percent voter approved MVET (countywide per interlocal agreement between cities and county).
Amends current law, local gas tax option (which adds up to less than one percent of what consumers pay at the pump). All these options are contingent upon voter approval.
Authorizes all cities (not just cities within 10 miles of the Canadian border) to impose a one-cent per gallon gas tax upon voter approval. (It ensures a maximum rate of three cents if the county also imposes local option gas tax).
Enables counties to seek a 1, 2, or 3 cent gas tax (instead of a current law which allows for a county-wide gas tax of 10% of the state gas tax rate of 37.5 cents, which is confusing to voters)

SHB 2751

Increases the Transportation Benefit District councilmanic vehicle fee authority from $20 to $40
Adds the option of a one-percent county-wide councilmanic MVET (per interlocal agreement between cities and county)
Enables counties to seek a 1, 2, or 3 cent gas tax (instead of a current law which allows for a county-wide gas tax of 10% of the state gas tax rate, which is confusing to voters). The revenue is distributed by formula between unincorporated county and the cities.

State Transportation Revenue Bills Squeaks Out of Committee

SHB 2660 squeaked out of the House Transportation Committee on a 15-14 vote. The substitute bill dramatically changes the barrel fee proposal regarding what the fee would apply to, and how the fee would be distributed. For example, aviation, marine fuels and exports are now excluded from the fee. The fee is estimated to raise approximately $1.3B over the next ten years. Half of the proposed revenue is directed to the state, and the remaining half divided equally between cities and counties via direct distribution.

2SSB 5251

Concerning Electric Vehicle License Fees

Passed the Senate. Imposes an additional fee of one hundred dollars at the time of annual vehicle registration renewal for electric vehicles. Provides a contingent expiration date. Requires the department of licensing to provide notice of the expiration date to certain parties.

SSB 6081

Authorizing counties and ferry districts operating ferries to impose a vessel replacement surcharge on ferry fares sold. The bill passed the Senate.

General Government, Labor and Pension

Alert: Injunctive Relief from Harassing Records Requests

SB 6351 provides much needed relief to local governments from harassing requests. The bill expands the existing statute that allows for relief from inmates to relief from harassment regardless of the source, freeing up resources to respond more efficiently to legitimate requestors.

This bill is facing significant opposition from the Newspapers and is likely to not move off the Senate Floor. Please call your Senator(s) and ask them to support this important piece of Legislation.

Dolan Legislation

HB 2771 was introduced in response to a State Supreme Court Case involving King County and their public defender contractors. The bill is in House Rules. Its intent is to:

Clarify that a governmental contractor's legal entity is not an employer for purposes of the Washington State Retirement Systems, and that employees of governmental contractors are not eligible for state retirement system membership.

Limit the determination of whether an employer-employee relationship exists solely to the relationship between a government contractor's employee and a retirement system employer, and not the relationship between a government contractor and a retirement system employer.

Commercial Requests

This bill is intended have a chilling effect on the number of large commercial requests local governments receive. SB 6146 allows agencies to charge requestors when they ask for large batch data; such as all of your building permit data, or all of your bond data, etc. Generally, WSAC is supportive of the concept; however the bill still needs technical clean-up. This bill, like SB 6351, is in Senate Rules and needs help if it is to move off the Senate floor.

Sunshine Committee Recommendations

SB 5049 requires counties to make public the applications of finalists applying for the highest management position in the county. WSAC is opposed to this bill; 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.

The bill is a holdover from last year when if failed to pass the Senate. It is not likely to pass this year either, but WSAC staff will continue to work on this issue.

Taping of Executive Sessions

The WSAC Legislative Steering Committee (LSC) took a position to oppose SB 6109 during the January 19th meeting. The bill was introduced by the Attorney General and the State Auditor. 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.

The WSAC LSC choose to oppose this bill because it does not provide us a tool we don't already have; counties already have the authority to tape executive sessions if they so choose and recordings of executive sessions are already exempted from disclosure due to attorney-client privilege. There was also a concern that this could be used as a means to require mandatory taping of executive sessions.

WSAC staff are attempting to keep this bill from passing the Senate. The bill has been pulled to the floor and is eligible to be added to the floor calendar.

Collective Bargaining for Court Interpreters

HB 2711 is 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. This bill died in the House last week.

The bill would have claified in statute that interpreters in legal proceedings and the MAM program are excluded from the Public Employees' Collective Bargaining Act.

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.

Tribal Retrocession: On to the House Floor

HB 2233 creates a procedure for the state's retrocession of civil and criminal jurisdiction over Indian tribes and Indian country. The House bill was passed off the House floor last week. WSAC staff and the Yakima County Lobbyist worked very closely with the sponsor to get the bill to a place where we think it ensures local participation. At this time it appears the House Bill will be the vehicle for this legislation.

Limiting Indemnification Clauses: More Liablity for Government

HB 1559 limits the enforceability of indemnification agreements between public agencies and design professionals. WSAC staff contend that this bill eliminates design professionals' duty to defend their work and exposes us to greater liability. This bill is likely to pass off the House Floor this week. We are hoping to either amend or hold up the bill in the Senate.

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