Legislative Bulletin Bill Room (360) 786-7573 Legislative Hot Line 1-800-562-6000 February 4, 2000 http://www.wacounties.org Bulletin #4 I-695 FUNDING REACHING CRITICAL STAGE As the first cut-off for action in front of a policy committee passes, the final touches are being put on budgets by the Senate and both the Democrats and Republicans in the House. The demand for additional funding for transit, public health, criminal justice and lost sales tax equalization by counties, cities and transit districts and Metro is much greater than most budget writers are expressing. This pressure will only grow in the last five weeks of the session. The portion of the budgets that address these needs will of course be debated up until the final hours of the session. But the next two weeks will be critical as budget writers make decisions on how much and what method will be used to make up for MVET. There seems to be more interest in finding a solution to fund transit by key members of the Transportation Committees. It appears that there will be an attempt to raise the cap on sales tax for transit, which would help King, Snohomish and Kitsap. While a local option tax for transit is being discussed for transit, there is a mixed signal being sent by members on the Legislature on providing other local option taxes to provide MVET relief. Some members think the counties and cities have already taxed too much by taking a property tax increase in excess of the IPD. On the other hand some legislators are proposing that any relief will only be sent to those counties and cities that have used up all of their local taxing capacity. Of course we can't win that argument. It is very important for each member to take time to call or write or email their legislators now and stress the need to fund lost MVET funds. Let them know what the consequences of no funding will be to your county and what level of property tax you adopted and why. Emphasize the fact that I-695 now effectively freezes any increase in the property tax without a vote of the people and that it is unlikely many voters will be supportive in the near future. What the counties need is enough funding to provide essential public services. ************************************** LEOFF 1 MEDICAL COST BILL HEARD IN WAYS & MEANS, SB 6792 Senate Ways & Means heard SB 6792, a bill endorsed last week by the Legislative Steering Committee. The bill would provide up to $50 million of the surplus funds in the LEOFF 1 retirement system to pay long-term care and extraordinary medical costs in excess of $25,000. The bill requires that a study be completed this year that would determine the IRS requirements for use of these funds. If the study is in compliance with the IRS code then the Legislature would authorize their use after approval in legislation next year. The bill would eliminate the six percent employer and employee contribution effective July 1, 2000. The cities association, fire commissioners, WACO and WSAC all testified in behalf of the bill. Also supporting the bill was Sheriff Dan LaRoche, Douglas County Sheriff. He said that Douglas County faces a nursing home chare of up to $45,000 this year. If they have to pay that amount the Sheriff will be forced to lay-off an employee in his department. This is an issue that will become more prevalent as this group of employees reach an older age and begin to enter nursing homes. This is the first time the Legislature has seriously considered helping pay this liability for counties. Members are urged to ask their Senators to support SB 6792. ************************************** PENSION REFORM, HB 2477, SB 6530 Both the Senate Ways & Means and House Appropriations Committees held hearings on increasing benefits for PERS 2 and LEOFF 2 employees while creating the option for them to enter a new Plan 3. The Plan 3 would be a split plan offering a defined benefit and defined contribution. The cost of this new plan would be revenue neutral to local governments. The increased benefits varied somewhat in the two versions of the bills. In SB 6530, a proposed substitute was offered by Senator Fraser and Senator Long that would not offer an option for LEOFF 2 employees to join a new Plan 3. It would provide a 3% early reduction factor for LEOFF 2 members who are age 50, with 20 years of service and reduce the normal retirement age from 55 to 53. For PERS 2 employees it would lower the reduction factor from early retirement to 30% per year, for members who are age 55 and have 30 years of service. For PERS 2 members who transfer to Plan 3 during the open window period they would receive a 110% transfer payment to their accounts in March 2003. HB 2477 differed from the Senate bill in that it does offer an optional Plan 3 for LEOFF members and the early reduction factor is for members who are age 50, with 25 years of service. Both of these bills have fiscal impacts on local governments. The Senate version would cost cities, counties and fire districts over $7 million. The House bill would cost $3 million. The Association's position is that if the Legislature does not fund an adequate relief package to offset the loss of MVET, WSAC will oppose on the grounds that it increases the cost to local governments. If the Legislature does provide an adequate relief package, WSAC will support. Obviously, the Association will not support this legislation until a final package is provided to counties to help make up the loss of MVET funds. Since that will not be known until the final supplemental budget passes members are urged to voice their concerns that these bills will add costs to local governments. ************************************** TECHNICAL ASSISTANCE GRANTS AVAILABLE FOR SMALL COUNTIES IMPACTED BY I- 695 CTED has contracted with the Association of Washington Cities to provide technical assistance to local governments significantly impacted by Initiative 695. The grants will provide on-site management technical assistance to qualified cities and counties. To qualify a county must have an unincorporated population of 5,000 or less, no current paid county manager or administrator and 20% or more of the 1999 general fund revenues from MVET. The deadline for applications is February 29, 2000. A copy of the AWC letter and application form is attached at the back of the Legislative Bulletin. ************************************** LAW AND JUSTICE ************************************** JAIL REIMBURSEMENT BILL PASSES HOUSE COMMITTEE On Friday, February 4, the House Criminal Justice and Corrections Committee unanimously passed SHB 2797, which would require the state to pay for certain jail inmates. This bill, a companion to SSB 6142, would require the state to pick up the cost of jail confinement for persons originally sentenced to 12 or more months who violate terms of community custody or community placement. The state reimbursement rate would be equal to the lowest rate charged by the county under its municipal contracts. The Senate Human Services and Corrections Committee passed its version of the bill earlier in the week. While neither bill covers all the state-related cost issues faced by jails, including the cost of housing state misdemeanants, both appear to be a step in the right direction and indicate that legislators are hearing the concerns of county commissioners and sheriffs. ************************************** PROBATION LIABILITY BILL DEAD HB 2715, which would have limited the liability of local governments providing pre- and post-conviction probation or supervision for misdemeanants, died Friday in the House Criminal Justice and Corrections Committee. The bill arose out of the recent Hertog case, in which the state Supreme Court held that local governments could be found liable for harm done by misdemeanants on probation or defendants on pre-trial supervision. Despite the bill's demise, Committee co- chair Ida Ballasiotes says she will convene a working group to make recommendations for another bill next session. The working group will include, among others, representatives of local government. ************************************** ENVIRONMENT, LAND USE & RESOURCES ************************************** FEW GMA BILLS SURVIVE CUT-OFF Many bills relating to the Growth Management Act failed to make it past the Legislature's first cut-off. A key exception is SB 6446, which delays the time frame for revision of comprehensive plans based on Census 2000 population forecasts. Needed revisions must be completed by September 1, 2003. SB 6446 also clarifies that any critical areas ordinances which do not include "best available science" be revised by September 1, 2002. Also surviving is Substitute SB 6519, requiring revisions to county- wide planning policies to include special purpose districts in GMA planning. Substitute SB 6562, sent to Ways and Means due to its fiscal impact, expands buildable lands requirements for King, Pierce, Snohomish, Kitsap, Thurston and Clark Counties. Senate Bill 5244 attempts to reverse the State Supreme Court's Mount Vernon decision to make GMA comprehensive plans prevail over outdated development regulations. Substitute SB 6643 amends the GMA population threshold so that the prison population in the new state corrections facility does not require Grays Harbor County to plan under GMA. HB2561, allows a new type of growth outside of urban growth areas for a national historic town, such as Port Gamble in Kitsap County. Dying in committee were HB 2467, clarifying small-scale businesses allowed in rural areas, HB 2795, to allow GMA zoning flexibility for senior citizens on farms, and SB6355, which would have lowered the standard of review for Growth Management Hearings Boards. ************************************** SHORELINES ISSUES REMAIN ALIVE Bills to merge shoreline planning into the Growth Management Act and to convene a shorelines task force emerged from the House Local Government Committee this week. SHB 2806, sponsored by Rep. Gary Chandler (R-Grant County) moved to Rules on a 5-3 vote. It leaves planning for shorelines of statewide significance subject to Ecology approval, but moves all other shoreline planning into the GMA critical areas process. SHB 2391, sponsored by Rep. Mark Doumit (D-Wahkiakum County) creates a Joint Task Force on Shoreline Planning to review and make recommendations for shoreline legislation and policy. The current guidelines revisions would be suspended until the Joint Task Force developed guidelines -- focused on urban shorelines environments west of the Cascades - and received assurances from federal agencies that revised master programs under these guidelines would meet ESA requirements. A version of SB 6776, sponsored by Senator Tracy Eide (D-King County), requiring King, Pierce, Snohomish, Kitsap and Clark Counties and the cities within them to adopt revised master programs within three years after receiving funding, is expected to pass from the Senate Environmental Quality and Water Resources Committee on Friday afternoon. ************************************** WELL DELEGATION AND OTHER DEVELOPMENT PERMIT STREAMLINING TOPICS MOVE FORWARD SSB 6349 and HB 2997 both continue to allow counties at their option to accept the responsibility for well inspection and decommissioning authorized in RCW 18.104.043. The Senate Bill, which is ready for floor action, allows delegation of the program to continue for another six years. The House Bill, scheduled for consideration on February 4, permanently establishes the delegation authority. Substitute HB 2847, sponsored by Rep. Joyce Mulliken (R-Grant County) places the 120-day permit clock permanently in statute, but eliminates the protection that counties and cities have from suit if the timeline is not complied with. It also provides a mandamus remedy to compel a permit decision from the court after 120 days. WSAC opposes continuation of the 120-day requirement without protection from suit for failure to meet the deadlines. HB 2985, sponsored by Rep. Jeanne Edwards (D-Snohomish County) allows hearing examiners to make final decisions on plats. ESB 5816, authorizing short plats up to nine lots, is ready for floor action in the Senate. Substitute SB 6277 allows state agencies to receive cost-reimbursement from project applicants in order to engage additional staff to make permit decisions on large projects. ************************************** VESTING CHANGE EMERGES FROM SENATE COMMITTEE SB 6520, sponsored by Senator Adam Kline (D-King County), would change when a permit application vests. Under long-standing Washington law, a proposal is subject to the land use and regulatory provisions in place at the time a developer submits a complete application; SB 6520 changes the time of vesting to permit approval. Most states set vesting at the time of permit approval or after there is substantial investment in the project. The bill is in Senate Rules Committee. ************************************** HOUSE COMMITTEE ON AGRICULTURE AND ECOLOGY TO CONSIDER INTEGRATING OF LOCAL WATERSHED PLANNING AND STATE WATER QUALITY ACTIVITIES The House Committee on Agriculture and Ecology will revisit efforts to integrate local watershed planning efforts with state-wide water quality activities undertaken by the Department of Ecology. HB 3056 provides several key links between locally driven watershed planning efforts and the state's activities with regard to the development and implementation of water clean-up plans, TMDLs, and water quality data collection. HB 3056 would ensure that local efforts are given proper attention when the state acts to maintain or restore water quality in a given watershed. WSAC supports the general intent of HB 3056 and is working to mitigate concerns about some of the bill's provisions. ************************************** HOUSE MODIFIES SALMON RECOVERY PROCESS AND ASKS FEDERAL SUPPORT FOR CHANGES TO MARINE MAMMAL PROTECTION LAWS The House of Representatives is currently considering three pieces of legislation that would fine-tune state salmon recovery activities as well as ask the federal government to modify marine mammal protection laws that are believed to inhibit the state recovery effort. Specifically, two bills that would modify state salmon recovery efforts have passed out of the House Committee on Natural Resources. HB 2406 modifies language applying salmon habitat projects to include overwintering habitat, use of side channels, off-stream rearing enhancement, and use of acclimation ponds. HB 2406 also includes language requiring the Salmon Recovery Funding Board to establish time limits for the project completion. It further requires that the board establish criteria allowing project sponsors awarded funds to access these funds during subsequent funding cycles without reapplying. HB 2589 addresses a concern voiced during the previous salmon recovery funding process: whether private landowners with current legal obligations to take salmon recovery actions should be eligible for state salmon recovery funding. HB 2589 allows these private landowners to receive funding from the Salmon Recovery Board, provided they provide sufficient justification and information. The House Committee on Natural Resources has further passed HJR 4023 out of committee, which asks for federal help in the state's salmon recovery process. HJR 4023 requests that that federal government modify provisions of the Marine Mammal Protection Act that are believed to inhibit the state's salmon recovery effort. ************************************** WATER STORAGE UNDER REVIEW The House Committee on Agriculture and Ecology currently has passed SHB 2736 out of committee, which creates a task force on water storage. The task force is charged with the duty to examine the role that increased water storage might play in providing water for the needs of fish, population growth, economic growth, and provide flood control. Storage options would include off-stream storage, underground storage, as well as enhancement or enlargement of existing structures. Membership on the task force includes representatives from various state and local governments as well as tribes. The Washington State Association of Counties will appoint two county representatives, one representing a western Washington county and the other representing an eastern Washington county. Of these two representatives, one will represent a highly populated county and the other will be from a county with a relatively small population. ************************************** FLOOD PLAIN DEVELOPMENT GETS SCRUTINY UNDER SEPA House and Senate Committees have both moved legislation out of committee that would affect development and mining activity in the flood plain. SHB 2934 relates to Ecology's oversight over construction of accessory buildings and structures within the flood plain. SSB 6148 addresses activity mining located within the flood plain. It requires the preparation of an environmental impact statement for any mining operation within a flood plain, subject to two narrow exceptions. These bills would eliminate the threshold decision-making authority of local officials under SEPA. Rather, if the mining activity was of the type covered in the legislation, there would be a de facto finding of significance, requiring completion of a full EIS. Currently, where an activity is found to not pose a significant threat to the environment a local official may issue a determination of non-significance, which removes the requirement for completion of an EIS. Yakima County has expressed opposition to the two bills. ************************************** HEALTH & HUMAN SERVICES ************************************** CUT-OFF APPROACHES FOR HUNDREDS OF HEALTH AND HUMAN SERVICES BILLS The cut-off deadline is near for hundreds of bills in health and human services. Several of the major bills have been amended into intent sections or made quite narrow just to keep the discussions alive. One of the most important of these is the individual health insurance market bill where the Senate Health & Long-Term Care Committee passed out just an intent section in their version of the bill, SB 6067 since discussions in this area are moving at an expected glacial pace. These negotiations are not any easier than last year and especially over in the House, huge differences still exist between the two caucuses. The two House bills, HB2360 and 2362 remain in the House Health Care Committee. The other big health care bill is the Patient's Bill of Rights. Both the House and Senate versions have moved out of Committee, HB 2331 and SB 6199. This bill includes a requirement for health plans to make agreements with their local public health jurisdictions regarding prevention programs. Several of the many bills relating to DNA have also gone forward. These mostly deal with informed consent to the use of one's DNA , protection from insurance and employment discrimination, and the creation of an ongoing commission to study DNA issues and concerns. There is at least one criminal justice DNA bill still surviving which deals with collecting DNA from all of those sentenced to death or life imprisonment. One of the other hot areas was legislation that dealt with the ramifications of the Linda David case (the woman allegedly abused by her husband and caretaker for as much as twenty years). Both the Governor and the Attorney General proposed several pieces of legislation which fit in with some of the recommendations which also came out of the Joint Legislative and Executive Task Force on Long-Term Care. Bills that will improve the quality of caregivers' training and the protection of vulnerable adults are moving in both houses. Those counties who have aging services in-house and the Area Agencies on Aging should be watching these bills. In the Human Services area, there are fewer bills surviving that have a direct bearing on county operations. Among them are a number of mental health information exchange bills, i.e., SB 6487/HB 2513 and clarifications to the mentally ill offender bill, SB 6375. There is also this year's version of the atypical medication bill, HB 2663, which is expected to move out of House Health Care Friday, February 4. Rep. Alexander has also introduced a bill, HB 2664, which limits administrative costs and requires a single audit methodology be developed which came out of Committee, Wednesday evening. One of the most important bills to both mental health and DD was HB 2364 which would operationalize the federal legislation allowing persons to retain health insurance while working. This bill has not yet moved from Committee. There were a number of other DD bills introduced but except for a study of the Olmstead decision, it appears most have died. In Chemical Dependency outside of criminal justice, the biggest bill was SB 6749, the narrowed version of re-writing the Involuntary Treatment Act. This was moved out of Senate Human Services and Corrections Thursday, February 3 despite the estimated $2 million fiscal impact. This bill is very important to King County as well as the rest of the state as it adds the ability to enter a private residence to detain an individual instead of only being allowed to detain someone from a public place. King County had dramatic evidence available to the Committee about the incredible costs to other systems such as the Harborview Emergency Room and the jail incurred by just a relatively small number of repeat persons with serious substance abuse problems who they have been unable to commit. Those who are interested in supporting the much needed re- write of the substance abuse involuntary treatment act and encouraging an actual statewide system of care are encouraged to contact Senate Ways and Means and indicate your support. Many of the other chemical dependency bills that have been introduced are in the criminal justice arena such as enhanced DUI penalties. Undoubtedly some of these will pass. For information on these bills contact Sophia Byrd, WSAC staff. ************************************** COUNTY NEWS ************************************** RECRUITMENT PROCESS CONTINUES FOR WSAC EXECUTIVE DIRECTOR The Recruitment Committee met several times in October and November to draft the job description and announcement for the WSAC Executive Director position. In December and part of January the job announcement was distributed within the state, region and the nation to recruit candidates. The remainder of January with the help of Dema Harris from the Yakima County Human Resources Department the committee has chosen an interview committee and reviewed the letters of interest and the applications. The interview committee is comprised of Mike Shelton, Vice President; WSAC, Leroy Allison, Secretary-Treasurer; Diane Oberquell, Immediate Past President; Betty Sue Morris, Urban Caucus Chair; John Bolender, Rural Caucus Chair; Jane Hague, King County; Dave Carey, Walla Walla County and Bettie Ingham, President of WSAC. We received 64 inquiries or contacts. 24 individuals returned applications. The interview committee reviewed the 24 applications and narrowed the list to 12 applicants. We will now narrow the 12 to 6 initial applicants to interview. The interviews will take place at the end of February. It is our hope to have a name to present to the Western and Eastern District meetings this spring. All of the 12 applicants have had some government experience either at a local, state or national level. Many have worked for governmental associations. The committee has reviewed the input we have received from members of the association through the survey or by phone. Some of the qualifications that appear to be desired in our Executive Director include strong management and personnel skills, budgeting experience, strong experience with effective results in lobbying, planning, effective communication and a recognition that individual counties have varying needs. If you have any questions or concerns or wish to give additional input, please contact Bettie Ingham at Yakima County, e-mail bettiei@co.yakima.wa.us or call Bettie at 509-574-1500. ************************************** UNITED STATES DEPARTMENT OF AGRICULTURE ANNOUNCES NEW PROGRAM TO ASSIST SMALL, RURAL COMMUNITIES IN THEIR PLANNING EFFORTS. GRANT APPLICATIONS DUE FEBRUARY 29, 2000 The United States Department of Agriculture announced on January 21, 2000, the inception of a new program that will fund technical assistance and planning activities for the purpose of improving economic conditions. The Rural Business Opportunity (RBOG) Program is designed to promote sustainable economic development in rural communities with exceptional needs. Rural areas for the purposes of the program are defined as cities with populations of 10,000 or less. Eligible applicants include public bodies, private non-profit corporations, federally recognized Indian Tribes, and rural-based cooperatives. RBOG funds may be used for, but are not limited to: identify and analyze business opportunities that will use local rural materials or human resources; identify, train, and provide technical assistance for rural entrepreneurs; establish business support centers; conduct community economic development planning; and conduct leadership development training. The emphasis of this year's program is funding of regional planning for local governments. Applications will be accepted from January 24, 2000 until February 29, 2000. The amount available nationally is $1.5 million for fiscal year 2000. For more information, contact one of the following USDA offices: Olympia area Office- 360-704-7760 Puyallup Area Office - 253-845-9272 Wenatchee Area Office - 509-664-0200 Yakima Area Office - 509-454-5743 ************************************** VISITING SHERIFFS A REAL PLUS! WACO thanks the Washington Association of Sheriffs and Police Chiefs (WASPC) for its program which brings county sheriffs to Olympia during session and thanks to the sheriffs who participate. It is a real bonus to have sheriffs on hand! ************************************** COUNTY AUDITORS The County Auditors met in Olympia this week for their annual legislative mini-conference. The primary focus of the meeting is to meet with their respective legislators to provide them with information relevant to their offices and counties. Lunch was shared with the County Clerks who were also in Olympia attending a similar meeting. Phil Coombs, the newly appointed state Archivist was the luncheon speaker. Mr. Coombs went to great lengths to reassure the county officials of his commitment to provide exceptional service to local governments. County Auditors met individually with their legislators Tuesday afternoon and reconvened on Wednesday morning. Kris Swanson, Cowlitz County Auditor was surprised when she was presented with a baby jogging stroller, a gift certificate and a cake to celebrate the upcoming birth of her baby boy. The Department of Licensing (DOL) Director Fred Stephens spoke to the Auditors again stating the position of DOL to remove the counties from providing Internet services for the purpose of vehicle license registrations. Counties and Sub-agents have historically provided this service alongside DOL with the transactions taking place in person. With the advent of the Internet, the County Auditors have been working with DOL to facilitate the use of the Internet as a method of service delivery. DOL has submitted two plans, one of which includes counties and sub-agents, the other drops the counties and the sub-agents from providing this service. The potential revenue loss to counties as a result of this policy change could be enormous. Of the 18 counties represented at the mini- conference, the $3.00 filing fee collected by the county from each vehicle license transaction was over 22 million dollars annually. On Thursday afternoon the House Transportation Committee will hear from Fred Saeger, WACO Executive Director, Kitsap County Auditor Karen Flynn and Sub-agent representative Donald Burrell on this issue. We will notify County Auditors with suggestions on how to proceed following the House Transportation Committee meeting. Many of the County Auditors were able to attend hearings while in Olympia. In the Senate State and Local Government Committee, SB 6495, which changes the primary date, was heard. Bob Terwilliger and Suzanne Sinclair testified in favor of the bill. In the House Transportation Committee, HB 2506 was scheduled. This bill would allow sub-agents to transfer as part of a sale of their business with only the approval of the director. Bob Van Schoorl, Chief Deputy Auditor in Thurston County, testified on this bill asking that Auditors have a voice in the process. The sub-agents were supportive of the inclusion of the Auditors into the process. Wednesday, the House State Government committee heard a number of election bills. Bob Terwilliger testified favorably on two more bills that propose to change the date of the primary election: HB 2828 and HB 1636. Bob also testified on HB 3003 and expressed his concerns about the negative impact of this legislation. The prohibition against counting ongoing absentee voters when determining whether a precinct qualifies for a mail ballot election would be removed. Bob said he would be happy to work with the sponsors to make the bill workable for all parties. Cathy Pearsall- Stipek, Pierce County Auditor also testified on the bill giving examples of how many voters in this situation in Pierce County have opted to become ongoing absentee voters. Suzanne Sinclair testified in the House Local Government Committee on behalf of Island County in support of HB 2401 which would raise the cap on conservation futures funding. ************************************** LEGISLATIVE NEWS ************************************** NEW COUNTY FORMATION PROCEDURES A public hearing on HB 3011, establishing procedures for the formation of new counties, was held on February 2 in the House Local Government Committee. There was little testimony and very few questions on the bill and the committee was urged to keep it moving. The WSAC Legislative Steering Committee is neutral on HB 3011, however, the bill was not reported from committee. ************************************** ALLOWANCE OF PUD AND RURAL PORT DISTRICTS TO PROVIDE TELECOMMUNICATION SERVICES HB 2880 was heard February 1 in the House Technology, Telecommunications and Energy Committee. Many people were on hand to testify including Mike Doherty, Clallam County Commissioner. Several questions were raised and it appears in talks with Co-Chair Representative Larry Crouse, that the bill should be executed out of committee and continue along in the process. The Senate version, SB 6675 is also moving in that chamber as well. Both versions of this bill are at the request of the Governor. We will continue to monitor both bills. ************************************** OPEN SPACE/AGRICULTURAL/MAXIMUM VALUE CAP SB 6545 was scheduled for hearing Tuesday afternoon in the Senate Ways & Means Committee. On Monday, we were notified that this measure had been removed from the agenda and would not be heard this session. As reported last week, the measure was originally introduced at the request of some of the cranberry growers who have expressed a significant decline in recent sale prices. Cranberry bogs are valued similarly to orchards. There is a base land value and then all the improvements are added: the vines, the wood dams, the pumps, the conveyors, etc. When it is all added together, the value of an acre of a highly productive cranberry bog can easily exceed $10,000-even though the base land value may only be a few hundred dollars. It is easy to see why a landowner would be confused when they look at their tax statements since the value is not divided between land and improvements. ************************************** AGRICULTURE EQUIPMENT/DISTRESSED COUNTIES/EXEMPTION On Monday morning, the Senate Agriculture Committee heard SB 6711, which provides a property tax exemption from the state levy on farm equipment used in distressed counties. The measure was supported by the Washington State Grange, Friends of Farms and Forest, and other agricultural interests. There was a concern expressed to the committee regarding the potential tax shift and there was some discussion of modifying the bill to provide a credit against the state levy as opposed to an outright exemption. Some felt that the credit would require a constitutional amendment, but others were of the opinion that a constitutional amendment would not be necessary. Granted, the legislature has the authority to approve exemptions and this is personal property, not real property, but there may still be a uniformity problem as well as an equal protection agreement. Recent calls from assessors indicate that the potential value lost from this bill is extremely high and the potential for a tax shift is significant as well. We encourage assessors to do a quick calculation on the amount of personal property that would be dropped from the tax rolls and the amount of the tax shift, and make sure that your Senators are made aware of those numbers. Remember, this is state levy only. The fate of this bill is still unclear. It may or may not pass from committee and it may be referred to the Senate Ways & Means Committee for further consideration of the fiscal consequences. ************************************** OPEN SPACE/AQUATIC HABITAT We have been getting a few calls on SB 6572, which modified the Open Space Act to provide additional protections for aquatic habitat. If you recall, in the first part of the Open Space Act (84.34.020(1)), there is a "laundry list" of the types of properties which would qualify for the Open/Open category. This bill simply adds another item to the list, "protect or enhance aquatic habitat." It is hard to see how this would differ from lands that are already included under some of the earlier categories; however, the bill does create a completely new subsection dealing with unimproved shorelines that are approved by either the Department of Wildlife or the Conservation District, as provided for enhanced aquatic habitat. What a landowner would have to do to qualify is not clear. The assumption is that as long as the property is left in an undeveloped state, these agencies would approve the "enhancing aquatic wildlife" status. Otherwise, a minimal amount of work would qualify for a property tax reduction under the Open Space Act. There are miles and miles of shoreline in Washington that have not yet been developed where people are paying a property tax based upon the highest and best use of these properties, and there are many landowners more than willing to do a little bit of work to have the values reduced to Open Space values. The Department of Revenue is preparing a fiscal note on the tax impact, and the Department of Community Trade & Economic Development (CTED) is preparing a note on the additional costs to counties to administer such programs. This bill currently resides in Senate Natural Resources and Parks Committee. It wasn't scheduled for hearing this week so it appears that this measure is dead for the session. This bill has specific language added to the section authorizing a Public Benefit Rating System; however, it still appears to affect counties that don't have a PBRS. ************************************** AUTOMOBILES, CAMPERS, TRAVEL TRAILERS/PROPERTY TAX EXEMPTION The House Finance Committee passed out both HB 2309 and HB 2336, after amending both to deal with the park model mobile home measure. This is probably an indication that both measures will go to Rules and that they will deal with the Senate bill, since I doubt at this point that the Rules Committee will choose one or the other to go to the Calendar and would not put identical bills on the House Calendar. ************************************** CUTOFFS Today (Thursday) is the last day for bills to move out of committee, with the exception of those bills in House fiscal committees, Senate Ways and Means, and both Transportation Committees. The cutoff for those committees is next Tuesday, February 8. ************************************** COURT REFORM GETS YET ANOTHER HEARING The most enthusiasm for HB 2898 and the second hearing on court reform in the House Judiciary Committee came from the bill's author -- Supreme Court Justice Phil Talmadge -- and sponsor Representative Chris Hurst (D-King County). Justice Talmadge cited a litany of studies that have done little to resolve problems with the courts while Representative Hurst offered that the legislature must act since courts are reluctant to reform themselves. The need for court reform was agreed to by all county officials testifying, but only portions of HB 2898 received limited praise. Thurston County Commissioner Diane Oberquell raised the issues of a sweeping transfer of the county legislative authority to the judiciary and a duplication of duties between the county sheriff and a proposed state marshal's office. Commissioner Oberquell also got to the "bottom line" noting the absence so far of a fiscal note on HB 2898. She also raised practical issues such as the additional number of personnel needed to support a superior court judge rather than a district court judge. In the state, there are currently 171 superior court judges. Under HB 2898, potentially 85 district court and 27 municipal court judges could become superior court judges with a vote requiring only the consensus of the judges in each county. Thurston County Clerk Betty Gould and Snohomish County Clerk Pam Daniels both affirmed the commitment made to Supreme Court Chief Justice Richard Guy late last year to work with him to bring all the players to the table to seek solutions to court problems. They both cited substantial innovation in their counties already including: facilitator programs, self-help centers for pro se litigants, alternative dispute resolution programs, and projects that target the collection of criminal legal financial obligations. From a prosecutor's view, Tom McBride focused his discussion of the absence of firm direction in HB 2898 as whether charges are brought under state law or municipal code; whose responsibility is it to prosecute offenders; and ultimately, who bears those costs. A city attorney present had much the same concerns. Opposition to HB 2989 also came from Judge Daniel Berschauer, President of the Superior Court Judges' Association. He saw little to gain by consolidation of the court levels. In his opinion, if "you have busy superior court judges and busy district court judges" and make them all superior court judges, what do you gain? The legislative liaison for Chief Justice Guy and the Board for Judicial Administration also opposed HB 2898. Neither HB 2898 nor its Senate companion SB 6191 is expected to emerge from Committee. ************************************** JAIL BOOKING/REPORTING SYSTEM ESHB 2337, the WACO/Sheriffs' priority bill, implementing a statewide city and county jail booking and reporting system, passed the House as reported last week, and will be heard in the Senate Judiciary Committee this evening. The Senate version of the bill, SB 6390, had originally been scheduled, but the House bill will now be the vehicle. LAW ENFORCEMENT STUDY SHB 2370, directing 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, is in House Appropriations and has until next Tuesday to pass out of Committee. MARINE/EXCISE TAX SB 6332, the WACO/Sheriffs' priority bill, directing monies from the Marine Excise Tax back to counties for marine law enforcement and boater safety programs, has not received a hearing in the Senate Ways and Means Committee. With the cutoff for that committee looming next Tuesday, we most likely will be looking at another run at this legislation next year. TREASURER SERVICES FOR CONSERVATION DISTRICTS SSB 6219 and SHB 2348, authorizing conservation districts to designate their own treasurer, other than the county treasurer, have moved to the floors of their respective houses. PERS EARLY RETIREMENT HB 2679, sponsored by Representative Wolfe, has not received a hearing in the House Appropriations Committee. COUNTY CLERKS' BILLS MOVING HB 2328, Anti-harassment filing fees, and HB 2329, Judgment Summaries, have been passed out of the House and are in the Senate. They have been referred to the Senate Judiciary Committee so now is the time to contact Senator Mike Heavey, Committee Chair, and request hearings for HB 2328 and HB 2329. SB 6154, Credit Cards, is on the Senate Floor Calendar. Please contact your Senators now and urge their support of SB 6154. SB 6155, Removing Social Security Numbers from Court Files, was heard on Monday. The testimony of Thurston County Clerk Betty Gould and Cowlitz County Clerk Teri Nielsen was met by obvious approval of the committee. Representatives from the Division of Child Support (DCS) and the federal government opposed the bill on the basis it would violate federal statute and result in loss of federal funding. An amendment will be offered on Friday directing DCS to negotiate a waiver and rendering the bill null an void if a waiver is not obtained. This is no small victory! It will effectively force DCS to find a way to implement SB 6155. Please contact the Senators on the Judiciary Committee and urge them to pass the amended version of SB 6155. SB 6155 has to move out of committee Friday morning. SB 6359, JIS information in domestic violence, will limit the information entered to three identifiers. Senator Jeri Costa has sponsored this bill following long-term concerns of the county clerks. Call Senate Judiciary to support SB 6359 now. ************************************** LOTS OF OPTIONS ON JAIL COSTS Several bills have been heard recently which will at least partially compensate county jails for housing prisoners arrested by state agencies. Our latest survey, with 15 counties reporting, shows an expense of $8.2 million for those counties alone. The only person who has testified against the state assuming their share of the burden is Washington State Patrol Chief Annette Sandberg. Wednesday, Sheriffs John McCroskey of Lewis County, John Jeffers of Asotin County, and Dan LaRoche of Douglas County testified on HB 2913 (sponsor: Representative Cathy Wolfe), and HB 2796 and HB 2797 (Representative Alexander sponsored both.). SB 6142, sponsored by Senator Swecker was heard earlier. Sheriffs are urged to contact their legislators now! Please thank the sponsors and contact and your senators and representatives to let them know there are plenty of options available to help fund county jails. Counties need relief. ************************************** TOXICOLOGY LABORATORY FUNDING HB 2330, Rerouting liquor license monies to support the State Toxicology Laboratory, is in House Rules. Coroners, medical examiners, prosecutors and sheriffs are urged to contact their representatives on House Rules and urge them to "pull" HB 2330. This is not new money, just a "fix" of the merger of the Tox Lab and the WSP Crime Laboratory. ************************************** INVESTIGATION OF CHILD DEATHS HB 2476, investigation of child deaths, should come up for Executive Session at 8:00 tonight in the House Judiciary Committee. Last Friday the Forensic Investigations Council, recommended to sponsor Representative Kathy Lambert that HB 2476 be amended. The amendment, if adopted, will reimburse counties all of the costs involved in the autopsy of a sudden unexplained death in a child under three if the autopsy is done by a forensic pathologist in a facility designed for autopsies. The amendment meets Representative Lambert's objectives and provides incentives to counties. ************************************** WACO PRIORITY MOVES SHB 2392, Formation of Joint Task Force on Local Government, was voted out of the House Local Government Committee mid-afternoon on Thursday and was sent to the House Rules Committee. The substitute bill removes the moratorium language on new rule making and makes other slight changes. All WACO members are urged to contact their members on the House Rules Committee and ask them to "pull" SHB 2392. ************************************** MEETINGS & WORKSHOPS ************************************** FARM TO TABLE CONFERENCE IN MARCH A Farm to Table Conference addressing farmland preservation, urban agriculture, farmers markets and other agricultural topics is scheduled for March 24 through 26. ************************************** FYI ************************************** PUBLIC WORKS BOARD UPCOMING WORKSHOPS The Washington State Public Works Board has announced the dates of its upcoming application workshops for both Drinking Water State Revolving Fund and the Public Works Trust Fund Construction Loan Program. Further information on these workshops is attached to the back of this Legislative Bulletin. ************************************** COMING EVENTS ************************************** February 11 WSAC Legislative Steering Committee Meeting, Washington Counties Building 24-25 County Auditors' Records Conference, The Enzian Inn, Leavenworth. 25 WSAC Legislative Steering Committee Meeting, Washington Counties Building 29 Western State Sheriffs' Annual Conference, Las Vegas, Nevada. Through March 3. March 3-7 National Association of Counties' (NACo) Annual Legislative Conference, Washington Hilton Hotel, Washington, D.C. 27-31 Washington State Association of Coroners' and Medical Examiners' Spring Training, Criminal Justice Training Center, Burien. 28-30 Washington State Association of Sheriffs' and Oregon State Association of Sheriffs' Annual Joint Meeting, Red Lion, Port Angeles. ************************************** JOBS ************************************** FAIR MANAGER - WHITMAN COUNTY: Whitman County is accepting applications for a full time Fair Manager. Responsibilities include administrative, fiscal, clerical and project coordination duties in the implementation of annual fair, fairground facility activities and departmental special projects. Minimum Qualifications: 2 years administrative and/or public relations experience and excellent computer and communication skills. Closing Date: February 10, 2000 at 5:00 p.m. Applications available at the Human Resources Department, 402 N. Main Street, Colfax, WA 99111 or by calling (509) 397-6200. AA/EOE ***** CHIEF DEPUTY - SNOHOMISH COUNTY CLERK'S OFFICE. The basic function is to act for and on behalf of the County Clerk as assigned. Organizes, coordinates and directs the activities of the office to accomplish the policies and objectives as determined by the County Clerk in accordance with the statutes of the State of Washington. The duties include assistance with: (1) all aspects of administration of the office's 82 staff; (2) establishment and implementation of departmental policies, procedures and functions; (3) ensuring compliance with departmental standards, policies, procedures, statutes and court rules; (4) preparation of preliminary annual operating budget recommendations; (5) represent the county clerk and clerk's office with county officials, employees, public and private officials and the general public. Court, legal and/or administrative skills in conjunction with strong interpersonal knowledge and experience are needed. The starting range for this position is $55,410 to $62,693 a year, plus county benefits. This is an exempt "at will" position. To apply, please e-mail a cover letter and copy of your resume to Pam Daniels, Snohomish County Clerk, at ***** SENIOR ENGINEER - TRAFFIC, WHATCOM COUNTY PUBLIC WORKS ENGINEERING DIVISION. Salary $20.20-$26.36/hr. Excellent benefits. Closes 2/28/00. Must be registered as a professional engineer in Washington State. Requires a BA in Civil Engineering, or related field AND 5 years of progressively responsible related experience INCLUDING at least 1 yr. as a Registered PE. For required application packet call Whatcom County Human Resources, (360) 676-6802, M-F 8 a.m. - 5 p.m., Bellingham, WA. Call our Job Line: (360) 738-4550 or visit our website at: www.co.whatcom.wa.us for more details. Equal Opportunity Employer. **** END ****