Legislative Bulletin Bill Room (360) 786-7573 Legislative Hot Line 1-800-562-6000 January 21, 2000 http://www.wacounties.org Bulletin #2 Legislative Cutoff Dates Friday, February 4: Last day to read in committee reports in house of origin, except House fiscal committees and Senate Ways and Means and Transportation committees. Tuesday, February 8: Last day to read in committee reports from House fiscal committees and Senate Ways and Means and Transportation committees in the house of origin. Tuesday, February 15: Last day to consider bills in house of origin (5 p.m.) Friday, February 25: Last day to read in committee reports from opposite house, except House fiscal committees and Senate Ways and Means and Transportation committees. Monday, February 28: Last day to read in opposite house committee reports from House fiscal committees and Senate Ways and Means and Transportation committees. Friday, March 3: Last day to consider bills from opposite house (5 p.m.), except initiatives and alternatives to initiatives, amendments, differences, and business related to the interim or closing the session. Thursday, March 9: Last day allowed for regular session under the state constitution. ************************************** PROPERTY TAX CREDIT SJR 8212 SJR 8212 was heard in the Ways & Means Committee on Monday afternoon. The only serious opposition came from the Association of Washington Business, who had Private Attorney Norman Bruns testifying on their behalf, in opposition. On Tuesday, Bruns was quoted in The Daily Olympian newspaper as saying "I feel like a lightning rod up here" and sat before the committee and took pointed questions from many of the committee members. The measure passed out of committee on a voice vote, appearing to have a near unanimous approval from the committee. On Wednesday, the measure was brought before the Senate for consideration. There were several amendments offered on the bill, all defeated, and a vote was taken on the constitutional amendment. It passed the Senate by a vote of 43-5, with one excused. As indicated last week, this is a constitutional amendment and requires a two-thirds vote to pass either the House or the Senate and obviously it cleared the Senate with ease. The measure now goes to the House, where House Co-Speaker Clyde Ballard has expressed some concerns over the measure, again mentioned in the same news article in The Daily Olympian. We have had no specific comments from the House Democrats, so this bill faces an uncertain future in the House. If there is not some sort of consensus on the bill, it is very likely that the bill will not receive a hearing in the House Finance Committee. It is time for counties to "sharpen their pencils" and begin to calculate the costs associated with the implementation of this measure. The prime sponsor of the measure has indicated that if the measure passes in the fall of 2000, it will be effective in 2001 and wants to have individuals receive the credit that year. What is envisioned is that something will go out to the homeowners early in 2001, either in a separate mailing or by inclusion with their property tax bills, explaining the eligibility criteria. Anyone eligible will sign some sort of affidavit and send it back to the county. Once it is received by the county and is verified, a credit will be given on the second half payment for the $200.00 and a similar credit in future years. This is obviously going to fall heavily upon the county treasurer. One of the difficulties will be for a person whose property tax for the state levy is less than $400 total. This homeowner will have less than $200 owing on their second half payment, but still be entitled to a $200 credit. In that case, it may be necessary to write a refund for the difference, unless we could get some sort of a process approved whereby that person would be given a $200 credit and the difference between the amount that was owed to the state on that payment and the $200 would in effect be withheld from other remittances to the state. Keep in mind, there is no detailed implementing legislation; there is very concise wording in the short constitutional amendment. WACO will be working with CTED sending a questionnaire to assessors and treasurers in an effort to come up with an estimated cost of implementation and ongoing costs as this would proceed. Treasurers would need to begin to think about what costs they would have-not only in their office and personnel, but also in reprogramming to provide this type of a credit change. ************************************** AUTOMOBILES, CAMPERS, TRAVEL TRAILERS - PROPERTY TAX EXEMPTION On Monday, the Senate Ways & Means Committee took testimony on SB 6115, which is the Governor's request bill to reinstate the property tax exemption for automobiles, campers and travel trailers. WACO learned late last week that the bill as drafted would have re-exempted park model mobile homes in the property tax because they fall within the definition of a "travel trailer." Therefore, we asked the Senate to amend the bill to put back in the exclusion from the exemption, so that we would be in the same position we would be prior to the passage of Initiative 695. The substitute bill did that and the testimony was taken on in the Senate committee. At the conclusion of the committee hearing, the committee passed the bill by a unanimous vote. On Wednesday, the Senate moved the bill for floor action and after a brisk discussion, where everybody spoke in favor of the bill, the Senate passed the Senate by a vote of 48 to zero, with one senator excused. The measure now goes to the House for consideration. On Tuesday, the House Finance Committee took testimony on HB 2309 and HB 2336. One is the Governor's request bill and the other is an identical bill with different sponsors. WACO testified on behalf of the assessors in support of both bills, but again asked the committee to consider an amendment which would clarify the park model mobile home issue. The mood in the House committee was friendly and there was a lot of polite ribbing between the chairman who was the prime sponsor of one bill and Representative Phil Rockefeller, the prime sponsor of the other bill, as to which bill would move forward. Of course, WACO straddled the fence and said that we liked both bills equally well and we would support whichever one the committee chose to advance. Since the Senate bill is already over in the House, it may be that the committee will not move either of the bills forward and act on the Senate bill which at this point may be preferable because it would facilitate the early passage of this measure and get it to the Governor. ************************************** JOINT TASK FORCE TO STUDY LOCAL GOVERNMENTS AND PROVIDE FOR 2 YEAR RULE MORATORIUM (HB 2392, HB 2395, HJM 4018) The House Local Government Committee heard from local governments this week on their support for a joint task force (HB 2392) to study the funding and delivery of local government services. State agencies are restricted from proposing or adopting a rule or engaging in programmatic activity that will create new costs for local governments until March 30, 2002, unless the rule is fully funded by the Legislature. The task force will include representation from the Legislature, cities and counties and citizens appointed by the Governor. HB 2395 deals just with the two year moratorium language and HJM 4018 asks the Governor to direct state agencies to suspend agency rules that have a cost for local governments. Pierce County Prosecutor, John Ladenburg, Snohomish County Prosecutor Jim Krider, WACO President, Stew Menefee, and WSAC Interim Executive Director, Bill Vogler all testified for the bills. The Governor's Office testified in opposition by saying the bills could directly impact the state's ability to regulate and enforce state laws in emergency situations. For more information contact Tom McBride in WAPA or Bill Vogler in WSAC. ************************************** ELECTION OF COUNTY COMMISSIONERS MAY BE CHANGED FROM COUNTY-WIDE TO DISTRICTS (SB 5150) The Senate State and Local Government Committee heard SB 5150, sponsored by Senator Bob McCaslin, this week. The bill would provide a procedure to allow the commissioners of a noncharter county to be elected by the voters of a county commissioner district. It must be voted by the county voters if the board of commissioners adopts a resolution proposing the change or if a petition proposing the change is filed with the county auditor signed by at least 10 percent of the number of voters residing within the county. This bill was introduced last year and was passed out of committee, but died in Senate Rules. ************************************** ENVIRONMENT, LAND USE & RESOURCES ************************************** BILL INTRODUCED TO GIVE PUBLIC TIMBER TAX TO COUNTIES AND DISTRICTS (SB 6433) Senator Sid Snyder, Senate Majority Leader, has introduced a bill that would give 4 percent of the public timber tax to counties and special purpose districts within the counties. WSAC has supported this legislation in the past. If signed into law, it would provide $13-15 million annually to the 18 forest board land counties. That amount would then be distributed according to the tax levy, with just less than 50 percent going to current expense and roads. ************************************** STABLE TIMBER SUPPLY BILL MAY REDUCE COUNTY TIMBER REVENUES (SB 6292) Senator Bob Morton has introduced SB 6292, which would require that 95 percent of any timber purchased in Washington from state lands must be processed in Washington. Idaho has a similar law. In past years nearly 45% of the logs harvested from state lands has gone to Oregon or Idaho. Senator Morton is trying to address the closure of a mill in Pend Oreille County. Wahkiakum County Commissioner Esther Gregg appeared at the hearing this week to tell the Senate Natural Resources, Parks & Recreation Committee that Wahkiakum relies heavily upon state timber revenues to support the county budget. Oregon companies purchase many of the logs in her county and they tend to get higher prices with more companies bidding for the logs. She said she was sympathetic to the loss of jobs, but making one rule fit all would cause counties in western Washington to lose revenue. When the federal government banned the export of public logs several years ago, studies indicated that the DNR trusts lost as much as 30 percent of the value of the logs. The county forest board lands generated approximately $70 million for 18 counties in 1999. Senator Morton offered an amendment during the hearing that would remove the ban if Idaho or Oregon would enter into a reciprocal agreement with Washington. However, there may not be much incentive for Idaho or Oregon to enter into such an agreement as neither state has large holdings of timber. Their primary source of timber is from federal lands and this law would not effect those logs. ************************************** WHATCOM COUNTY EXECUTIVE PETE KREMEN TESTIFIES BEFORE HOUSE COMMITTEE REGARDING NEED FOR STATE OVERSIGHT OVER OIL AND GAS PIPELINE SAFETY Whatcom County Executive Pete Kremen and Bellingham Mayor Mark Asmundson traveled from Bellingham to testify before the House Committee on Agriculture and Ecology on proposed legislation regarding oil and gas pipeline safety. The legislation, HB 2420, develops and implements environmental and public safety measures that would apply to oil and gas pipelines throughout Washington State. Executive Kremen and Mayor Asmundson impressed upon the committee that state and local governments need to work cooperatively to ensure that future events such as 1999's tragic Bellingham pipeline explosion do not reoccur. The two testified that HB 2420 is a step in the right direction toward reaching that goal. ************************************** HEARINGS NOW UNDERWAY ON PROPOSED 4(D) RULES FOR PACIFIC COAST SALMON AND STEELHEAD On December 14, 1999, the National Marine Fisheries Service announced its schedule for adoption of three 4(d) rules establishing take prohibitions and "limitations" or exemptions from those take prohibitions. In general, the 13 take limitations in the proposed rule can be summarized as programs in place that will have minimal impact on a listed species and programs in development and when completed and implemented will meet NMFS requirements for protection. The specific rule language is on the NMFS webpage at www.nwr.noaa.gov. Final rule adoption is expected by June 19, 2000. The three rules apply to all threatened salmonids on the West Coast. One rule covers seven threatened steelhead evolutionarily significant units (ESUs); one rule covers seven other threatened ESUs for chinook, chum, coho and sockeye; another rule addresses tribal resource management plans affecting threatened salmonids. Take is strictly prohibited for those species listed as "endangered" and therefore there are no take "limitations" for endangered species. Under federal law, there is a 60-day comment period on the proposed rules. Public hearings have begun and are scheduled throughout the Northwest in January and February; all hearings are scheduled from 6:00 to 9:00 p.m. The schedule of hearings that remain follows: Pendleton January 25 City Hall Council Chamber, 500 SW Dorian Ave Yakima January 26 Yakima County Courthouse, Room 420, 128 North 2nd Street The Dalles January 27 MidColumbia Senior Center, John Day Room, 1112 West 9th Anacortes January 31 City Hall Dining Room (Basement), 904 6th Street Seattle February 1 NW Fisheries Science Ctr Auditorium, 2725 Mountlake Blvd. E. Port Angeles February 2 City Hall Council Chamber, 321 E. 5th Lacey February 3 Sawyer Hall, 510 Desmond Drive Written comments are due by March 6, 2000 and should be sent to Garth Griffin, Protected Resources Division, NMFS, 525 NE Oregon Street - Suite 500, Portland OR 97232. Comments by e-mail are not accepted. ************************************** SHORELINES RULES PROCESS GETS HARD LOOK On Monday, January 17, the House Local Government Committee held a public hearing on four bills relating to the Shoreline Management Act. There was so much testimony and interest from Committee Members, the hearing was extended into Wednesday's session of the committee. All four bills address the process for further adoption and implementation of new shorelines guidelines. SUBSTITUTE HB 1591 requires counties to adopt new shorelines master programs within three to five years after Ecology adoption, according to a schedule set out in statute. HB 2391 creates a joint task force on shoreline planning of legislators and interested groups, including two representatives appointed by WSAC. It will present findings and legislative recommendations by December 31, 2001. Ecology is barred from shoreline rulemaking during the first year after the effective date of HB 2391. After it adopts new rules, counties and cities will have to submit adopted plans within five years. HB 2393 would require the department of ecology to present updated shoreline management guidelines to the legislature at least one year before their adoption. HB 2394 deletes the provision in statute requiring Ecology to periodically review shoreline guidelines. WSAC testified in support of a timeline approach requiring a county to submit amended shoreline master programs to the Department of Ecology within three years after the county receives adequate funding to accomplish the revision. Although the 2000 budget proposal includes $3.8 million to begin the updates, there is no guarantee that future legislatures will provide funds necessary to meet a schedule set in statute, explained Paul Parker of WSAC. He also stressed the need for further integration of SMA into Growth Management. Pacific County Commissioner Pat Hamilton agreed that money is the biggest issue and also stated her support for HB 2391 and HB 2393. She also provided the Committee with an idea of where the new proposed rules still fails to address issues raised in public testimony last summer. Whatcom County Councilmember Dan McShane stressed that shorelines updates should move forward without further delay and endorsed the approach taken by SHB 1591. Mike Daniels, Grays Harbor County Public Works Director also testified. His county supports extending the timelines and bringing the rules back to the Legislature for review before final adoption. ************************************** MUNICIPAL WATER RIGHTS ISSUE MAY BE BACK Despite testimony from several interest groups that 60 days is too short a time to resolve the contentious issue of the scope of "inchoate" or unused municipal water rights, the co-chairs of the House Agriculture and Ecology Committee this week indicated that the issue may well be back. Several municipalities from both sides of the state explained the problems they face in trying to "grow" into their water rights. Tom Dickson, Administrator for the Snohomish County Council added a county perspective in agreement with the cities that municipal water rights and many other water rights issues must be rewritten to address the needs of the 21st Century. Not only is there a need to better integrate water law with GMA, he said, but also to take the Endangered Species Act into account. Dickson also agreed with the utility view that water planning also needs a time horizon longer than the 20-year planning GMA requires. Watch for a return of Substitute HB 2185, a bill addressing all of these issues, which died in the final days of the 1999 session. ************************************** WSAC SUPPORTS RESTORATION OF FUNDS TO AIR POLLUTION CONTROL ACCOUNT BEFORE HOUSE APPROPRIATIONS COMMITTEE In conjunction with two local air pollution control authorities and the Wheat Growers Association, WSAC testified before the House Appropriations Committee in support of the Governor's proposal to restore $12.3 million to Ecology's air pollution control account. The shortfall comes as a result of Initiative 695, which removed a $2-per- vehicle annual tax, cutting Ecology's current air quality budget by approximately $12.3 million. Officially adopted on 1/14 at the Legislative Steering Committee, WSAC's position supports full funding of the air pollution control account, provided local air pollution control authorities continue to receive funds previously allocated them. The current shortfall puts local governments and their respective communities at risk in several ways. First, a failure by Washington to maintain its air pollution programs or a failure to meet federal air quality standards puts significant federal transportation and air quality grant money at risk, to the tune of approximately $260 million. Second, violation of federal air quality standards could result in increased federal regulatory requirements, estimated to cost businesses an additional $250 million. Third, reduction in air quality is shown to significantly affect public health, including increased mortality and respiratory illness. It is estimated that Washington currently saves $2.1 billion annually as a result of reduced air pollution during the past decade. Further, the shortfall directly impacts local air pollution control authorities. The $12.3 million missing from the air pollution control account translates into a $2.2 million loss to local air programs, which accounts for 10 - 18% of their budget. As the remaining funding comes from federal grant money (which is at risk), user fees, and local governments, a loss of state funding would likely result in increased financial reliance on already struggling local governments. Therefore, WSAC believes that local air pollution control authorities should receive their previously allotted share, and that local governments should not be made to bear any additional financial burden due to reduction in state funding for local air authorities. ************************************** TRANSPORTATION ************************************** EMINENT DOMAIN BILL WOULD SPEED PROCESS FOR COUNTIES Counties, like other state and municipal jurisdictions, have the authority to acquire land for public use through eminent domain or condemnation procedures. The process is two-step in which the issue of public use is initially determined by Superior Court, then a trial is held on the issue of compensation for the property. Because of court congestion, it is very difficult to get a court date for the compensation trial. County eminent domain proceedings often are delayed for several years, resulting in additional costs to the county due to inflation and changing permitting requirements. The laws governing eminent domain for cities and state highway purposes have long given precedence to these cases over other non-criminal court cases. SB 6190 would provide the same trial precedence for county eminent domain proceedings as long enjoyed by cities and the state. The Senate Judiciary Committee heard testimony on the bill January 17, with no opposition to the bill. Committee staff anticipate it will pass out of committee this week. ************************************** KITSAP BACKS BILLS AUTHORIZING PRIVATE PASSENGER FERRIES Kitsap County Commissioners Charlotte Garrido and Tim Botkin joined Bremerton Mayor Lynn Horton in endorsing two bills that would authorize operation of private or public/private passenger ferries. Due to the impacts of Initiative 695, the state Department of Transportation expects to cease providing passenger-only service this summer. The local officials, along with private ferry operators, testified Wednesday, January 19 before the Senate Transportation Committee. SB 6212 would allow a commercial ferry operator to apply to the Utilities and Transportation Commission (UTC) for a franchise permit to operate passenger-only ferry service at a location where the state had previously offered the service. SB 6477 recognizes that private operation of passenger-only ferries could require a public subsidy in order to make the service viable. The bill defines "public subsidy" to include capital or operating support or the use of public property such as dock facilities. The subsidy could be from the state or local government. The bill would require UTC certification to be conditioned on continuation of subsidies where the ferry operation relies on subsidies. ************************************** LOCAL GOVERNMENTS ELIGIBLE FOR INNOVATIVE TRANSPORTATION FINANCING The House Transportation Committee sponsored a briefing on innovative financing efforts under the federal Transportation Equity Act for the 21st Century (TEA-21). The briefing focused on the emerging use of so- called GARVEE bonds - grant anticipation revenue vehicles - by state and local governments, including transit agencies. GARVEEs are debt-financing instruments that are secured with a pledge of future federal aid highway funds. GARVEEs are not new money, but they provide state and local governments an opportunity to leverage future federal aid to accelerate high-priority projects. The cost of the bonds may be partially offset by constructing projects with today's dollars. For more information, contact Jennifer Mayer, Federal Highway Administration, Western Resource Center, (415) 744-2634. ************************************** FERRY TASK FORCE INCLUDES EVERYONE EXCEPT COUNTIES HB 2641 would establish a ferry task force to review various service and fare issues, including privatization. Task force membership would be broad-based, but the bill does not explicitly provide for membership of any county representatives - which may be of concern to commissioners and councilmembers in ferry-dependent counties. The bill is scheduled for public hearing next Tuesday, January 25 at 3:30 p.m. Concerned counties may wish to contact their legislators in advance of the hearing. The bill's sponsors are: Fisher, Mitchell, Dickerson, Constantine, Cooper, Murray, McIntire, Kessler, Schual- Berke, Rockefeller, Kenney, Edmonds, Haigh, Morris, Lovick, O'Brien, Scott, Kagi, Lantz, Hurst, Poulsen and Anderson ************************************** COMMUTE TRIP REDUCTION BILLS WOULD RESTORE FUNDING, EXPAND PROGRAM Initiative 695 repealed the primary sources of funding for the commute trip reduction tax credit - the $2 motor vehicle clean air excise tax, the Transportation Account and the Public Transportation Systems Account. These sources reimbursed the general fund for business & occupation and utility tax credits given to employers who provided financial incentives to their employees for using transit, ride-sharing and non-motorized commuting. SB 6399 and HB 2626 would fund the program at $2.25 million directly from the general fund and extend the program through 2006. The senate bill was heard in the Senate Transportation Committee January 20. The state Department of Transportation requested raising the funding level to $3 million, and clarifying the ability of developers and property managers to use the credit on behalf of tenant businesses. House Transportation Committee will hear the house bill next Thursday, January 27, at 3:30 p.m. ************************************** LAW & JUSTICE ************************************** SENATORS EXPRESS STRONG INTEREST IN INDIGENT DEFENSE BILLS For some time, counties have been concerned about the increased costs they bear for defense representation in dependency and parental termination cases when the state controls the volume of cases. SB 6387 would require the state Office of Public Defense (OPD) to administer and distribute state funds for indigent defense programs for parties in dependency and termination cases. Funding levels are not established in the bill, but are recommended by OPD to fully fund such indigent defense efforts statewide. In 1998 counties spent more than $5 million on these services. SB 6386 also provides for state funding, but further requires OPD to follow certain spending priorities to ensure equity, efficiency and accountability. The Senate Human Services Committee favorably reviewed both bills, sponsored by Senator Haugen, on January 20. The WSAC Legislative Steering Committee has endorsed the legislation. WSAC staff testified in favor of the bills, with the caveat that spending priorities should not be imposed if full state funding is denied. ************************************** BILLS WOULD REQUIRE STATE TO PAY FOR INMATES At least two bills were introduced this week to require state financial responsibility for state prisoners in county jails. Commissioners, sheriffs and county staff are urged to review these. Please communicate any issues or concerns regarding these bills to WSAC staff, as well as legislators. HB 2796 would require the state Office of Financial Management, in consultation with the Washington Association of Sheriffs and Police Chiefs, to establish a uniform equitable rate for reimbursing counties and cities. The rate must reflect the weighted statewide average cost, including medical services, of housing an offender in county or city jails or the average cost per inmate incurred by the Department of Corrections, whichever is less. The bill also requires the legislature, by specific appropriation, assume responsibility for serving out-of-state warrants; holding prisoners arrested by the State Patrol, Department of Fish and Wildlife, college or university police, and the Parks Department. No specific appropriation is identified. The bill has not yet been referred to committee or scheduled for hearing. SB 6142 relates only to state reimbursement for offenders who violate conditions of community placement or community custody. This bill directs the state to compensate local governments at the per diem rate equal to the lowest rate charged by the county under its contract with a municipal government. ************************************** OTHER LEGISLATIVE NEWS ************************************** JAIL BOOKING/REPORTING SYSTEM The WACO/Sheriffs' priority bill which would implement a statewide city and county jail booking and reporting system, HB 2337, was heard by the House Criminal Justice and Corrections Committee on Tuesday and passed out of the committee with a do pass recommendation, on Wednesday. The system would serve as a central repository for offender information and jail statistical data. The Washington Association of Sheriffs and Police Chiefs (WASPC) is pursuing federal funding for the program, so the state will not have to provide any monies toward the system. MARINE/EXCISE TAX Another WACO/Sheriffs' priority bill, SB 6332, directing monies from the Marine Excise Tax back to counties for marine law enforcement and boater safety programs, has yet to receive a hearing in the Senate Ways and Means Committee. Several sheriffs will be in Olympia next week and will work at getting the bill scheduled before the cutoff for Ways and Means to hear bills, on February 8. LAW ENFORCEMENT STUDY HB 2370 directs the Washington Association of Sheriffs and Police Chiefs (WASPC) to conduct a study of counties with populations over 150,000 to determine total costs and expenditures for law enforcement for the county and cities within the county. The focus of the study will include recommendations for law enforcement jurisdictions, WASPC actions, and the legislature. The bill will be heard by the House Criminal Justice and Corrections Committee on Friday, January 21. This is a WASPC recommendation. TREASURER SERVICES FOR CONSERVATION DISTRICTS SB 6219, authorizing conservation districts to designate their own treasurer, other than the county treasurer, was heard by the Senate Agriculture and Rural Economic Development Committee, Wednesday. Treasurers reviewed the legislation last fall and have no problem with the bill, since, for the most part, this is the way conservation districts have always operated. A companion House bill has also been dropped, HB 2348. PERS EARLY RETIREMENT HB 2679, sponsored by Representative Wolfe, is an early retirement bill for members of the Public Employees Retirement System (PERS) Plan 1 and Plan 2, if the member's employer is a county, city, town, or transit district or the state departments of Transportation or Ecology. Plan 1 requirements: (1) 55 with five years of service; (2) any age with 25 years of service; or (3) 50 with 20 years of service. Plan 2 requirements: (1) 60 with five years of service; or (2) 50 with 15 years of service. For Plan 2 members, the retirement allowance would be reduced by three percent per year to reflect the difference in the number of years between age at retirement and age 60. A governor request bill, HB 2606, relates only to PERS employees for affected employees of specific state agencies specifically designated for a reduction in staffing. COUNTY COST FIGURES RISE An update to surveys recently sent to the counties show the following: 1) Disposition of indigent unclaimed remains: 25 counties report costs of $281,087.00. 2) Health care for incarcerated: 14 counties report costs of $1,571,451.00. 3) Housing prisoners charged with misdemeanors by state agencies: 11 counties report costs of $1,251,715.00 (* Some counties do not track this number. **Many counties do not include those arrested on fish and game violations.) Thank you for the great response! COUNTY CLERKS' BILLS HB 2328, Decreasing anti-harassment filing fees, and HB 2329, Real property description in judgment summaries, were heard this week in the House Judiciary Committee and are up for Executive Session next Tuesday, January 25, at 1:30 p.m. The Executive Session is when the bills come up to be voted out of committee, to Rules and then to the House Floor to be voted on by the entire body. In a 60 day session, the faster the bills move the better. All county clerks are urged to contact chairs and members immediately and ask they vote HB 2328 and HB 2329 out of the House Judiciary Committee. Please thank Representatives Lantz (HB 2328) and McDonald (HB 2329) for their sponsorship and support. SB 6154, Clerks accepting credit cards, passed out of the State and Local Government Committee this afternoon. It is now on its way to Rules and then on its way to a full vote of the Senate. Clerks are urged to call their senator(s) and let them know SB 6154 is coming and their support is requested. SB 6155, Removing social security numbers from support orders, has still not been scheduled in the Senate Judiciary Committee. Calls to Senator Heavey, the Judiciary Chair are in order. Please urge him to schedule SB 6155 as soon as possible. CLERKS, SHERIFFS, AND PROSECUTORS County clerks, sheriffs, and prosecutors are asked to review the following bills which are set for hearing next week: HB 2402, Domestic Violence, sponsored by Representative Ballasiotes, House Criminal Justice and Corrections, Wednesday, January 26 at 1:30 p.m. HB 2402 establishes a $500 penalty assessment for persons convicted of one or more gross misdemeanors related to domestic violence; $250 for one or more misdemeanor convictions; one half of penalties are paid to the state; the bill does not specify what county/city shares are used for; establishes the state domestic violence reduction account in the state for programs and services; provides protection orders provisions for vulnerable adults; and, adds "specified distances" to court orders. HB 2456, Identity crimes, sponsored by Representative Cairnes, House Criminal Justice and Corrections, Wednesday, January 26, at 1:30 p.m., makes a person guilty of criminal impersonation in the first degree if he/she assumes a fictitious identity to commit a felony or theft in the third degree. HB 2461, Satisfactions of Judgment, sponsored by Representative Reardon, House Judiciary Committee, Thursday, January 27, at 8:00 a.m., penalizes a judgment creditor if the debtor pays the creditor rather than the court and failed to file a satisfaction of judgment within 60 days. The creditor is liable for an amount equal to the interest on the judgment at 12% from the 61st day until the satisfaction is filed; or, the actual damages or $250, whichever is greater, and costs and attorney fees related to the satisfaction. HB 2474, Awarding attorney fees to pro se litigants, sponsored by Representative Kastama, House Judiciary, Thursday, January 27, at 8:00 a.m., entitles a civil litigant representing himself to attorney fees in every instance where attorney fees would usually be awarded; bases the hourly rate on the prevailing local hourly rate; allows the court to determine the number of hours to be compensated; or, where all parties are pro se, the attorney fees are set at $25.00 per hour. SB 6244, Extending juvenile court jurisdiction for the purpose of enforcing penalty assessments, sponsored by Senator Costa, Senate Human Services and Corrections, Thursday, January 27, at 8:00 a.m., clarifies that a juvenile remains under court jurisdiction for an additional ten years past the 18th birthday if the juvenile fails to pay assessments. That period may be extended by an additional ten years to collect restitution. STATE TOXICOLOGY LABORATORY FUNDING HB 2330, the "fix" to the merger of the State Toxicology Laboratory and the WSP Crime Laboratory, is being heard in the House Appropriations Committee today (Thursday) at 3:30 p.m. Last session's merger bill routed liquor license monies to the Patrol for the Tox Lab and these funds need to be routed through the Death Investigations Account for the Tox Lab. Please contact your representatives on the House Appropriations Committee and urge their support. Let them know HB 2330 is basically a housekeeping measure and does not involve new money! FOR CORONERS, MEDICAL EXAMINERS, PROSECUTORS AND SHERIFFS HB 2476, Investigating deaths of children, has been scheduled for hearing in the House Judiciary Committee for Friday, January 28, at 1:30 p.m. HB 2476 is being sponsored by Representative Kathy Lambert and is the positive result of collaboration with representatives of the SIDS Foundation and members of the Forensic Investigations Council (FIC). Wahkiakum County Prosecutor Fred Johnson, Chair of the Council; Thurston County Coroner Judy Arnold; and, Dr. Dennis Wickham, Clark County Coroner worked with Representative Lambert to expand SIDS related training and to provide additional reimbursement for autopsy costs of infants. The Forensic Investigations Council is expected to take a position on HB 2476 at its regular meeting on the morning of January 28. BALLOT ROTATION Clark County Auditor Greg Kimsey testified in the Senate Government Operations Committee in support of SB 5405, which eliminates ballot rotation in partisan primaries. The bill could save counties between $400,000 - $600,000 per biennium and eliminate the potential of ballot printing error. SB 5405 is similar to a bill which had previously been a WACO priority proposal. COUNTY AUDITOR REQUEST BILL The bill that the county auditors have been working on the past three years is scheduled for a hearing in the Senate State and Local Government committee on 1/24/00 at 1:30 p.m. HB 6363, separates the mail ballot and absentee ballot statutes along with making some technical changes. The bill is also a WACO priority bill. Two other bills of interest to auditors will be heard in the House State Government committee, HB 2587, modifying ballot titles and HB 2635 allowing for mail balloting for I-695 tax elections on 1/26/00 at 1:30 p.m. ************************************** FYI ************************************** SIDS VIDEO AVAILABLE County coroners, medical examiners and sheriffs are reminded that WACO has copies of a Sudden and Unexpected Infant Death (SIDS) Training Video and accompanying materials. The module was released in 1993 and a copy provided to each county at that time. The materials were developed by the Forensic Investigations Council (then the Death Investigations Council), the Criminal Justice Training Commission, and the Committee on Sudden and Unexpected Infant Death. Officials are urged to share the SIDS Training Module with other agencies in their jurisdictions and to offer the same training to their own personnel on a regular basis. Please contact WACO if you need additional copies. ************************************** DEPARTMENT OF LICENSING SURPRISE ANNOUNCEMENT The Department of Licensing, in conjunction with the county auditors and subagents, have been working together for a number of years to address the use of the Internet for the renewal of vehicle licenses. The auditors were under the assumption that this would not take place for some time and they were assured they would be at the table with the Department of Licensing (DOL) to mitigate any potential revenue losses to counties. The agreement was that the Internet would be used to support and enhance the existing agent/subagent licensing functions. A Request for Proposal (RFP) was floated in November to solicit bids from contractors for these services. The money for this project must be appropriated in this year's supplemental transportation budget. The Department of Licensing Director Fred Stephens, invited Fred Saeger, Washington Association of County Officials (WACO), Bill Vogler, Washington State Association of Counties (WSAC), County Auditors, and Subagents to a meeting on Wednesday, where they were told that DOL has now decided to conduct all Internet transactions themselves and exclude county auditors and sub-agents from this process. This was a direct reversal of the RFP. This means a loss to the counties of three dollars per transaction. Eventually this could result in a loss of revenue to the counties totaling tens of millions of dollars. The representatives of WACO, WSAC, Auditors, and Subagents offered to DOL that they would only support the original RFP which included Internet transaction services for counties and subagents and would ask the legislature for the funding necessary to do this. Representatives also expressed their disappointment in DOL's unilateral decision to pursue this, given their verbal commitment to work collaboratively with the counties. The House Transportation Committee will hold a special hearing on this issue during week of February 1-5, 1999. ************************************** FAIR FUNDING The Senate Agriculture & Rural Economic Development Committee holds work session on the status of fair funding. The sunset on the three- year exemption of the Horse Racing Industry tax paying for fair funding ends next year. The horse racing industry has indicated that they would not have recovered enough to start paying this tax. The legislature will be assigning a committee to include members of the state fair commission, and others, to study what the fairs needs are, and to identify a source of money that has a growth factor to replace the states portion of the fair funding that was lost from the horse racing. There is funding in current state budget for the 2000 and 2001 fairs at the same level as was received by the counties in 1999. The findings of this committee will be used to create a bill for the 2001 legislature to consider a permanent fix for fair funding. Participants at the workshop have stated they are committed to taking care of the problem next year. ************************************** MEMBERS CORNER ************************************** EARLY INTERVENTION FORUM IN PORT ANGELES, FEBRUARY 12, 2000 (Submitted by Commissioner Mike Doherty, Clallam County) Robin Karr-Morse, Co-author of Ghosts from the Nursery and Dennis Maloney, Director of Deschutes (Oregon) County Community Justice, will appear in an all day prevention forum in Port Angeles on Saturday, February 12th. These speakers appeared at the WSAC convention in Chelan. Early childhood development will be addressed throughout the day by speakers and in workshops. For more information please contact Clallam County Commissioner Mike Doherty at (360) 417-2238 or by email at mdoherty@co.clallam.wa.us. ************************************** CORRECTION NOTICE ************************************** CLERKS' CONFERENCE CORRECTION County Clerks please note that the date of the Clerks' Association Annual Conference was incorrect in the last mailing. The dates are June 19-23, at the Quality Inn, in Clarkston. ************************************** MEETINGS/ WORKSHOPS/CONFRENCES ************************************** ESA WORKSHOP TO BE HELD FOR ELECTED OFFICIALS IN SEATAC ON FEBRUARY 25, 2000 The Tri-County Business Coalition, Washington Association of Realtors, and Perkins Coie will host a workshop directed at elected officials of Washington, including city council members, county council members and commissioners, and city and county attorneys faced with potential ESA liabilities related to salmon. The workshop will be held Friday, February 25, 2000 from 7:30a.m. to 12:30 p.m. at the Marriott Hotel at SeaTac. The workshop is intended to provide officials a clear understanding between the legal obligations facing local governments under the ESA and the policy choices that may overlay those obligations. Attendance will be limited to 100 participants. The registration deadline is Wednesday, February 23, 2000 at 12 noon. For more information contact Linda Gordon at Perkins Coie, (206)583- 8420 or (800)475-6161. ************************************** FOREST COUNTIES AND SCHOOLS HOLD 3RD ANNUAL CONFERENCE The 3rd Annual Conference of the National Forest Counties and Schools Conference will be held March 19-21 in Reno, Nevada. WSAC is a member of the Coalition, which is supporting federal legislation (HR 2389 and S 1608) that will provide a permanent stream of revenues from federal lands. Over $27 million in federal forest payments were distributed to Washington Counties last year. Jefferson County Commissioner Glen Huntingford is a member of the Coalition Board of Directors and will answer any questions you have regarding the Coalition. The registration material is attached to the back of this Legislative Bulletin. ************************************** SENATE COMMITTEE ON STATE AND LOCAL GOVERNMENT TO HOLD WORK SESSION ON ISSUES SMALL COUNTIES FACE UNDER GMA On Thursday, January 27, 2000, the Senate Committee on State and Local Government will hold a work session to hear about GMA planning issues in small counties. The work session will include members of the business community, County Commissioners, and members of the Department of Community Trade and Economic Development. The session will be held in Senate Hearing Room 3 at 5:30pm. **** END ****