Legislative Bulletin Bill Room (360) 786-7573 Legislative Hot Line 1-800-562-6000 March 17, 2000 http://www.wacounties.org Bulletin #10 Time Is Running Out! Children of county employees have just two weeks left to apply for one of five $1500 awards to be made for the 2000/01 school year. Eligible children include those who will be enrolled full-time in a baccalaureate, associate degree or vocational/technical certification program. Call now for an application and apply no later than April 3rd! ************************************** BUDGET TALKS SLOW, BUT FORWARD PROGRESS REPORTED House and Senate budget negotiators have continued quiet meetings during the special session with few outward signs of progress. Although some have speculated that the I-695 decision would slow the special session even more, some rumblings on Thursday afternoon indicate that movement toward a compromise on the operating budget is taking place. Even fewer rumors exist about the transportation budget; a sign that there is little progress there. Entering the special session, it appeared that differences on how to generate and spend the transportation budget were more significant than those over the operating budget and the quiet from that corner would confirm that perception. ************************************** I-695 DECLARED UNCONSTITUTIONAL This week, King County Superior Court Judge Robert Alsdorf ruled that Initiative 695 violates various provisions of the Washington State Constitution and therefore is, in total, unconstitutional. An analysis of the judge's ruling, prepared by Pam Loginsky from the Washington Association of Prosecuting Attorneys (WAPA), is attached. For the time being, the $30 license fee will stand until the Washington Supreme Court reviews the measure, because the judge felt it was impractical for the State to do anything differently given that they have just completed reprogramming everything to handle the $30 fee. The part of I-695 requiring a vote on any increase in fees, taxes, etc. is suspended for the time being. However, I think everyone will be very cautious about making any adjustments in taxes and/or fees pending the final decision by the Supreme Court. The court may never have to really grapple with the issue of the repeal of the MVET and the $30 replacement fee. The $30 fee would likely have been upheld as being constitutional were it the only subject included in the initiative, but all of I-695 was declared unconstitutional since I-695 violated the multiple subject restrictions in the Washington State Constitution. The State Constitution prohibits two unrelated subjects being incorporated into a single measure since it is possible that neither could pass by itself, but both could pass when combined. This is the old time practice known as "log-rolling." There were immediate responses from the Governor and a number of legislators saying they would pass a statute to make the $30 fee permanent. The Governor announced there would be no attempt on the part of the State to reinstate the motor vehicle excise tax. The Senate Republicans tried to move a bill to the floor immediately after the decision, but it was blocked on a procedural vote by the Senate Democrats. The Senate Democrats say they will have a bill ready by Friday. Representative Brian Thomas, Republican Co-Chair of the House Finance Committee said he supports such a bill, as did Representative Hans Dunshee who is the Democratic Co-Chair of the House Finance Committee. However, the "voting" provision of the I-695 is another matter. The judge ruled that this section violated the constitutional provisions that spell out the requirements of how and when a referendum will be held on certain measures. Based upon his ruling, it would be necessary to amend the State Constitution to implement the voting provisions of the initiative. That would require a two-thirds vote of the House and Senate and then a vote of the public. Although there appears to be virtually no resistance to the repeal of the MVET and to replace it with a $30 fee, there would be a significant resistance to a blanket reinstatement of the voting provisions. It was the broad application of that provision that caused the most concerns. The only state that has a similar provision is Colorado and it doesn't extend to fees and it is not as restrictive on taxes. We expect that the Supreme Court will hear the appeal sometime in late June, and are hopeful that they will issue their opinion by early fall. It would be most helpful to have that clarification by fall when counties begin their budget process that ultimately culminates in the adoption of their budget for the year 2001. One of the critical issues that will be facing nearly every local unit of government will be what their level of property tax growth will be allowed. The Department of Revenue (DOR) has issued an advisory that the new construction increase is still available, but any increase beyond that requires a vote of the public. Judge Alsdorf's opinion would once again allow increases as the law stood prior to passage of I-695. If the Supreme Court also declares the "voting" provisions unconstitutional, counties would once again be able to take up to the IPD without a finding of substantial need and could take up to 6% with a finding of a substantial need. The later in the year that the court rules, the more difficult it will be to provide for an orderly adoption of the 2001 budgets and the preparation of the property tax rolls for 2001 collections. If the decision comes very late in the year, it is conceivable that there would be jurisdictions that would request a higher levy than had been previously requested. There is a practical point in time at which assessors can no longer make levy calculation changes and still be able to certify tax rolls for collection in the year 2001. I am sure everyone in the courthouses, city halls, and various taxing districts would be most thankful if the Supreme Court makes their decision at the earliest possible time to avoid the confusion. You can access the full court opinion on http://www.courts.wa.gov/i695. ************************************** BILL SIGNINGS SLOW IN COMING Governor Locke's office has scheduled only one WACO priority bill for signing to date. HB 2328, lowering anti-harassment filing fees is set for today, Friday, March 17. Governor Locke has 20 days after the regular session to take action on bills before they become law. ************************************** TRANSPORTATION ************************************** NEW MVET BILLS COME TO LIFE IN HOUSE, SENATE Following Tuesday's Superior Court decision finding Initiative 695 unconstitutional, both the House and Senate are considering bills that would make permanent the $30 license tabs enacted by I-695 - regardless of any future state Supreme Court's ruling in the case. Two bills in the House, HB 3159 and HB 3160, would reinstate Sections 1 and 3 of the initiative that establish $30 tabs and repeal a host of MVET-related laws. The Senate bill, SB 6865, establishes $30 tabs and repeals a few of RCWs repealed by I-695. ************************************** SENATE BUDGET TAKES A BIG BITE OUT OF CRAB As reported in last week's Legislative Bulletin, the Senate transportation budget makes significant funding cuts to the County Road Administration Board (CRAB). Following closer review by CRAB Executive Director Jay Weber, the cuts look even more ominous. The Senate budget, passed in both the regular and special sessions, cuts $576,000 from the CRAB administrative budget. Weber reports that reductions in this amount will mean eliminating five to seven employees - out of a total staff of only seventeen FTEs. The reductions will preclude any capital expenditures, including updating computers used for training county staff. CRAB travel to the counties also will be eliminated, as will regional training programs. Commissioners may want to discuss these cuts with their County Engineers and Public Works Directors to ascertain local impacts. Those wishing to express concerns to legislators should contact members of the House Transportation Committee. If the cuts are to be restored, it is now up to the House. A complete list of Transportation members is attached. The Legislative Hotline number is 1-800-562-6000. ************************************** TRANSPORTATION COMMISSION (AND OTHERS) COULD SOON BE OUT OF COMMISSION At the state Transportation Commission's monthly meeting in Olympia this past week, a matter of major interest seemed to be that the Commission and other transportation programs could be out of business- unless the Legislature adopts a supplemental budget soon. Some are seeing this as the pressure that could finally get the House to vote on a transportation budget. Here's the situation: Initiative 695 repealed the Transportation Fund, which has been the state's account for funding non-highway activities as well as some highway-related projects. These include some construction projects, public transit and rail programs, operating overhead, the Freight Mobility Strategic Investment Board (FMSIB), the Transportation Commission, and all the FTEs working in these areas. Technically, the Transportation Fund disappeared January 1, when I-695 became effective. However, the Attorney General and the Office of Financial Management allow accounts to remain open while cleaning up old business - in this case making quarterly MVET distributions to transit agencies. The final transit MVET distribution will be April 20, at which time the fund will be at a negative balance. If a supplemental budget is not adopted by April 19, there will be no funding source (and no funds) to support any of the aforementioned projects, programs and entities. While some folks might not see a shutdown as altogether bad, there could be further repercussions if the state is held liable for damages for defaulting on contracts and agreements. ************************************** ENVIRONMENT, LAND USE & RESOURCES ************************************** CHURCH APPEALS TO HIGHER AUTHORITY, BUT CLARK COUNTY PREVAILS The Open Door Baptist Church protested Clark County's policy that it obtain a conditional use permit to operate in the rural zone and appealed its case all the way to the Washington Supreme Court arguing that such a requirement violated its constitutional rights to free exercise of religion. Yesterday, by a 7-2 vote, the Court found that Clark County's land use law was nothing more than an "incidental burden upon the free exercise of religion." The majority opinion by Justice Alexander further rules that "a church has no constitutional right to be free from reasonable zoning regulations." Justices Sanders and Smith dissented. ************************************** STATE IDENTIFIES SHORTCOMINGS IN PROPOSED SALMON 4(D) RULE Although "[f]or the most part, we support the approach you are taking," in a March 6, 2000 letter to National Marine Fisheries Service (NMFS), the Governor's salmon policy advisor lists numerous shortcomings in the agency's proposed rule providing "take" limitations. Twenty-six pages of detailed comments were submitted following the letter. "To be useful to governments, conservation standards should be as specific as possible, their application must be fair and understandable, and the systems employed to meet them must be practical," the letter states. "It does not appear that your draft rules consistently meet these tests." The State specifically criticizes the lack of standards and criteria for the programs NMFS has identified for which it will provide take limitations; it asks acknowledgment of the "Agriculture Fish Water" effort underway to address agricultural-related ESA concerns; it seeks clarification of the role of science and monitoring in impacting evolution of the 4(d) rule; it urges NMFS to correlate its efforts with the US Fish and Wildlife Service; and it strongly criticizes NMFS' proposal to have a separate rule for tribal activities. The complete letter can be found on the Salmon Recovery Office homepage at http://www.governor.wa.gov/esa/whatsnew.htm. ************************************** SHAPING STORMWATER POLICY The 1999 Legislature directed the Department of Ecology to form an advisory committee for the purpose of updating its stormwater management plan and stormwater technical manual and to making stormwater management recommendations to the Legislature by December 31, 2000. The Stormwater Policy Advisory Committee has met twice and will meet again on March 29. It includes representatives from the business community, environmental groups, state, local, federal, and tribal governments. Several county staff are included on the Advisory Committee. This article is intended to bring readers up to date on that committee, the development of a new stormwater manual and future issues. The stormwater introductory webpage is: http://www.wa.gov/ecology/wq/stormwater/index.html. The first meeting of the Advisory Committee, held September 23, 1999 focused on providing baseline information on the current stormwater related programs and tools. Presentations included the Puget Sound Water Quality Management Plan, Clean Water Act (NPDES) Permits, Growth Management Act, Fish and Wildlife Hydraulic Project Approval, Stormwater Technical Manual, and the Salmon Strategy. The group discussion considered the need for a statewide stormwater management plan, potential scope of plan, expectations and concerns about a plan. The second meeting, held December 15, 1999, clarified the role and responsibilities of committee members, reviewed Ecology's stormwater staffing priorities and then reviewed an outline of the statewide stormwater management plan. There were many comments and suggestions for change to the proposed outline of the stormwater plan. Stormwater Plan. Although Ecology does not have a formal or adopted "stormwater management plan" it recognizes a need to develop a comprehensive statewide management plan to address and mitigate environmental impacts from stormwater. Ecology has committed to documenting the roles and responsibilities for stormwater management that are in place, developing a plan of action to address stormwater management under Ecology's authority, and identifying additional stormwater management activities that would be necessary to provide a comprehensive statewide management plan. The stormwater advisory committee will be integral to any policy decisions that influence this process. The proposed outline generated many comments and some common themes emerged: -The Plan objective must focus on environmental outcomes. -The Plan must address the relationship between stormwater and land use decisionmaking. -It is misleading to refer to the "urban" stormwater problem when you are considering stormwater from all land uses except agriculture and forest practices. A more appropriate term is needed. -Existing stormwater management practices have not been successful at preventing environmental degradation. -The Plan must address and accommodate watershed-planning actions. -The Plan must accommodate eastern/western Washington differences. -The Plan must address funding for implementing stormwater management. ************************************** STORMWATER TECHNICAL MANUAL Ecology began the process of updating the stormwater technical manual in November 1998. That effort included establishing broad-based technical advisory committees to assist Ecology on various aspects of revising the manual. Rather than duplicate that effort, the stormwater advisory committee will focus on non-technical policy issues related to the scope, content, and implementation of the stormwater technical manual. Six public workshops were held to review the first draft of Ecology's Statewide Stormwater Manual. So far people have expressed both support for and concern about the proposed revisions - particularly the expansion of the manual to eastern Washington. Many of those who attended the workshops also expressed concern that the December 15, 1999 deadline for comments did not provide adequate time for review. The deadline was therefore extended to February 15, 2000. The final stormwater technical manual is scheduled to be released by August 2000. However, there are a number of steps to completing the process and additional delays may be encountered. Specifically, Ecology will be considering how to respond to substantial comments and concerns from eastern Washington and will adjust the completion schedule as necessary to provide an appropriate response. Other Developments Impacting the Stormwater Planning Process There are a number of activities underway that directly impact stormwater management considerations: -Stormwater Phase I permit reissuance -Revision of the Puget Sound Plan (Puget Sound Water Quality Action Team) -Requirements under the Endangered Species Act (ESA) -Watershed management planning processes -Stormwater Phase II permit issuance Some of the issues that will likely be raised by these activities include: -How to reconcile Phase I permit requirements with Phase II requirements in the same/different geographic area. -How to reconcile Puget Sound Plan requirements with Phase II requirements inside and outside of Puget Sound. -How to manage stormwater to achieve compliance with ESA. -Will stormwater management be handled differently when there is a formal watershed management-planning group? -How Phase II stormwater permits may be implemented to provide statewide stormwater management. Because these activities and the issues they will raise will not be completed in time for full consideration by December 2000, Ecology is asking that the Stormwater Policy Advisory Committee continue meeting with Ecology on policy issues until the plan is completed. Recommendations to the Legislature would still be submitted by December 31, 2000, but December 2001 would be the target date for completion of the stormwater management plan. The March 29 meeting of the Stormwater Policy Advisory Committee will be held at the Ecology Lacey Building, Room 1S-16. The meeting will begin at 9:00 am and adjourn no later than 3:30 pm. If you would like to view the information materials they are available from the SWPAC/Stormwater Plan WebPage at: http://www.wa.gov/ecology/wq/stormwater/swpac.html. ************************************** THE SHIFTING SANDS OF SHORELINES DEBATE The Department of Ecology is planning to move forward with adopting a new shorelines rule in July 2000. If no legislation is enacted by the end of session, every county and city in the state will be required to adopt revised shoreline master programs within two years after Ecology adopts the new rule. Given the substantial scope of this rule revision, at an estimated county and city cost of $18.7 million, a two- year adoption schedule statewide is unrealistic. For the second year in a row, the Legislature has been unable to address both the timing and funding of local shoreline master program updates. At issue is whether the Department of Ecology should go forward with rule adoption, when Ecology may proceed, how quickly counties and cities must revise rules and how much grant money counties and cities will receive. Added to this mix of questions is substantial uncertainty about what the rule itself will say. Counties and cities have generally supported the content of the December preproposal draft which Ecology developed over the fall after withdrawing its earlier proposal last August. National Marine Fisheries Service (NMFS) has told Ecology that the proposed rules do not go far enough in protecting salmon and want stronger rules, closer in content to last summer's proposal. On the other hand, the business community believes that the preproposal draft exceeds statutory authority and wants to delay any rule adoption until the Legislature can review a draft rule in the broad context of ESA response and needs. The Legislature: The Senate has sent the House policy language amending the timelines for local adoption to a 3-4-5 year schedule. The first wave includes King, Pierce, Snohomish, Kitsap and Clark counties. The Senate budget also includes $3.3 million for initial grants and Ecology technical assistance. On behalf of House Democrats, Representative Mark Doumit has developed a striking amendment for HB 2391 which would allow Ecology to move forward with rule adoption in July, but delay the effective date of the new rule until February 15, 2001. That striking amendment includes the Senate 3-4-5 adoption timeline triggered by Ecology's adoption date. The House Democratic budget includes $3.8 million for grants and Ecology technical assistance and proposes a $25 million tax credit available to all counties except King, Pierce and Snohomish to acquire development interests in riparian habitat or invest in habitat restoration. On behalf of House Republicans, Representative Mulliken has developed a striking amendment for HB 2391 which prevents amended shorelines rules from taking effect until July 1, 2001. The striking amendment does not include a timeline change and the House Republican budget contains no grant money for shorelines updates. Both House striking amendments include a joint legislative task force on shoreline planning to make recommendations for policy and planning regarding shorelines, including the topics of property rights, integration of shoreline land use and permitting laws, and identification of local funding needs. WSAC Proposals: The WSAC Legislative Steering Committee has made two separate suggestions to the Legislature regarding timelines and funding. First, we proposed that submittal of amended shoreline master programs be tied directly to grant funding, i.e., that revised master programs be submitted to Ecology within three years after full funding is provided. This proposal was included in a substitute bill reported out of the Senate Environment and Water Quality Committee but later deleted. WSAC later proposed that counties and cities be required to adopt programs to protect and restore salmon habitat - which may include revised master programs pursuant to new shoreline rules -- but that implementation of new shorelines rules is voluntary, pending completion of the work of the joint legislative task force on shorelines. This proposal anticipated that each county and city would rely on GMA critical areas regulations, along with shorelines regulations, stormwater programs and non-regulatory programs to address salmon recovery. Some Eastern Washington counties have suggested that Ecology, working with counties, develop and pilot a distinct shorelines approach for Eastern Washington prior to a revised rule taking effect east of the Cascade Range. ************************************** LAW & JUSTICE ************************************** GOVERNOR HAS 20 DAYS TO SIGN BILLS All the law & justice bills reported as passed in last week's Legislative Bulletin are still on Governor Locke's desk. He has 20 days from the end of the regular session, excluding Sundays, to sign them into law. At this time, none seem likely to garner a veto. ************************************** COMING EVENTS ************************************** March 27-31 Washington State Association of Coroners' and Medical Examiners' Spring Training, "Basic Death Investigation," PLEASE NOTES: The training will be held at the Des Moines Police Department. 28-30 Washington State Association of Sheriffs' and Oregon State Association of Sheriffs' Annual Joint Meeting, Red Lion, Port Angeles. April 5-7 WSAC Western District Meeting, Best Western Lakeway Inn & Conference Center, Bellingham. 9-15 National County Government week. 17-19 County Auditors' Elections Conference, Campbell's Resort, Chelan. 19-21 WSAC Eastern District Meeting, Clarkston, Quality Inn. 26-28 County Clerks' Spring Conference, Icicle Inn, Leavenworth. 26-28 County Prosecuting Attorneys' Annual Spring Training Program, Cavanaugh's Gateway, Yakima. ************************************** RAMBLINGS ************************************** Judyann Menish, Skagit County Treasurer, has announced her plans to retire from office on June 30. She has served as treasurer since November of 1989, running without opposition her last two elections. Judy, her husband Joe, and their dog Pete, are planning to travel extensively throughout the country by motor home to visit historical sites, aviation museums, gardens, and musical and sports venues. Judy is an avid genealogist and plans to spend time visiting the places of family historical significance. We wish her a wonderful retirement! * * * * * WACO Financial Operations Manager Brenda Bamford is the new WACO webmaster! She took a 7:00 a.m. web page design class this winter (got a 4 point!) and is busy updating our website. Each month on the home page, Brenda is featuring one courthouse from the westside and one courthouse from the eastside, along with a short history of each. If you haven't visited the WACO website in a while, go take a look at * * * * * Spokane County Treasurer Linda Wolverton is offering several options to paying property taxes this year. Taxpayers who have been paying by mail or by dropping their payments off at the treasurer's office are welcome to do so, but they can also log on to the Internet to pay by credit card, or call a toll free number and pay by credit card. People who choose to use the Internet or the telephone to pay their bill will be charged an additional service fee based on the transaction amount. In addition, property owners whose taxes are paid by a mortgage company will receive a detailed breakdown of their charges via a postcard. * * * * * The American Board of MedicoLegal Death Investigators recently named Island County Coroner Robert Bishop and Grant County Chief Deputy Coroner Jerry Jasmin diplomates. This national certification is awarded after a board examination, completion of continuing education, 260 specific task assessments, and achievement of various professional requirements. Medicolegal death investigators must maintain the certification through continued approved education and be re-evaluated in five years. Walla Walla County Coroner Steve Ames and Chelan County Deputy Coroner Sandra Ellis were the first of the four in this state to receive this certification. Congratulations! ************************************** COMMITTEE VACANCY ************************************** The Department of Social and Health Services (DSHS) seeks people from the community to serve on its Minority Initiative Advisory Committee (MIAC). The MIAC has several current vacancies. Members of the MIAC advise on ways to develop programs, services and a workforce that are responsive to the needs of ethnic minorities in Washington State. Positions are voluntary, but committee members receive travel cost reimbursement and incidental expenses. At least 60% of MIAC members will represent an ethnic minority group. There are four all day meetings annually in various parts of the state. DSHS and the MIAC remain committed to ethnic, gender, geographic, and disability related diversity when appointing new members. Persons interested in serving on the MIAC may contact Division of Access and Equal Opportunity at (360) 586-2460 for an application. **** END ****