[nfbwatlk] Fw: Final Report - 2010 Legislative Session

Fri May 14 03:23:18 UTC 2010

----- Original Message ----- 
From: Durand, LouOma (DSB) 
Sent: Thursday, May 13, 2010 2:30 PM
Subject: Final Report - 2010 Legislative Session

STATE OF WASHINGTON

DEPARTMENT OF SERVICES FOR THE BLIND

1-800-552-7103, (360) 725-3836 or Web site: www.dsb.wa.gov

P. O. Box 40933 · Olympia, WA  98504-0933

Final Report - 2010 Legislative Session

May 13, 2010 

The special session concluded on April 13, 2010. Following is a wrap-up of the final status of bills being tracked this year. 

Note:  Companion Measures are listed separately under House and Senate. The companion bill numbers are in parentheses ( ). Descriptions/Digests of bills with companion measures will be under the House Bill number and not repeated under the Senate Bill numbers. Those bills with an ü in front of them indicate that the companion bill passed.  You can click on the bill numbers and be taken directly to the complete bill information on the Washington State Legislature's website. 

Key:

SB - Senate Bill. A bill introduced in the Senate. 

HB - House Bill. A bill introduced in the House. 

SSB or SHB - An "S" before a House Bill or a Senate Bill indicates a Substitute Bill. This means the bill was amended from the original version. 

2SSB or 2SHB - A "2" indicates a second substitute. This means the bill was amended by a second committee typically a fiscal committee. 

ESB or EHB - An "E" indicates an engrossed bill. This means the bill was amended on the floor of the chamber before it passed out of the house of origin.

BILLS THAT PASSED 

HOUSE

2SHB 2617 (ESSB 6426) - Eliminating certain boards and commissions.

Sponsor: Representative Driscoll, et al, by request of Governor Gregoire.

Eliminates subsistence, lodging, and travel allowances for members of boards, commissions, councils, and committees identified as class 1, 2, 3, and 5 groups whose allowances are funded by the State General Fund. (The final bill that passed the Legislature did not eliminate or suspend the State Rehabilitation Council for the Blind).

Status:  March 29 - Governor signed into law. 

SHB 2836 (SB 6364) - Concerning the Capital budget

Sponsor:  Representative Dunshee; by request of Governor Gregoire

Summary of bill:  Supplemental Capital Budget appropriations in the amount of $295.7 million are made for the 2009-11 biennium. The Supplemental Capital Budget reduces state general obligation bond appropriations in the amount of $30.5 million. 

Status: May 4 - Governor signed into law, with partial veto. See link to veto message:  Signed/Partial Veto

ESHB 2921 - Capturing additional savings. Making 2010 supplemental operating appropriations.

Sponsor:  Representative Linville, et al.

Summary of bill:  Appropriations are modified for the 2009-11 biennium. Near General Fund-State appropriations are reduced by $45.4 million. Total budgeted funds decrease by $54.8 million. State agencies are prohibited, except for a number of exemptions, from creating new positions and filling vacant positions, from entering into personal service contracts, from purchasing equipment over $5,000, and from paying for out-of-state travel for the remainder of the biennium. An exception process is established for critically necessary work of an agency when approved by the director of the Office of Financial Management.  Authorized exceptions must be published electronically at least quarterly on the state fiscal website. The provisions prohibiting hiring, personal service contracts, out-of-state travel, and equipment purchases over $5,000 take effect 30 days after the effective date of the act.

Status:  February 15 - Governor signed bill into law.

E2SHB 3026 - Regarding school district compliance with state and federal civil rights laws.

Sponsor:  Representative Santos, et al.

Summary of bill:  Discrimination is prohibited in Washington public schools on the basis of race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. OSPI must develop rules and guidelines to eliminate discrimination. OSPI must monitor local school districts' compliance, and must establish a compliance timetable, rules, and guidelines for enforcement. OSPI has the authority to enforce and obtain compliance with the provisions of this chapter and other state and federal laws prohibiting discrimination by appropriate order. The order may include termination of all or part of federal financial assistance or state apportionment or categorical monies to the offending school district, termination of specified programs, institution of corrective action, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved. Aggrieved persons have a right of action in superior court for civil damages. The act is null and void if it is not funded in the omnibus appropriations budget.

Status:  March 29 - Governor signed into law.

SENATE

ESSB 6444 (HB 2824) - Making 2010 operating supplemental appropriations.

Sponsors: Senators Prentice, et al; by request of Governor Gregoire

Status:  May 4 - Governor signed into law with partial veto. See link to veto message:  Signed/Partial Veto

ESSB 6503 - Closing state agencies on specified dates.

Sponsor:  Senator Prentice

Summary of bill (as amended in House): Reductions in government operating expenses under the bill amount to $50 million General Fund-State and Education Legacy Account, plus proportional amounts from other funds, rather than $69.154 million from the General Fund-State and Education Legacy Account from employee compensation costs. The amended bill permits, rather than requires, agencies and institutions to submit alternate plans to the OFM by May 15, 2010. The amended bill provides the Chief Clerk of the House of Representatives and the Secretary of the Senate authority to approve legislative branch agency plans, and the Supreme Court the authority to do so for judicial branch agencies. Additional exempted employees are added in the amended bill, including certain employees of the Attorney General, additional Washington State Patrol employees, employees of the Office of Financial Management's Labor Relations Office through November 1, 2010, and the Board of Industrial Insurance Appeals. A provision relating to agency closure days as non-judicial days is removed. A provision is added to the bill requiring that above the reductions from agency compensation reduction plans under section 2, or the default agency closure days, there will be an additional compensation reduction to Washington Management Services and Exempt Management Services employees of $10 million General Fund-State, plus proportional amounts from other funds that provide compensation to those employees.

Status:  April 27 - Governor signed into law with partial veto.  See link to veto message:  Signed/Partial Veto

BILLS THAT DIED

HOUSE

SHB 2197 (Carry over bill from 2009 Session) - Abolishing the department of social and health services and creating new departments to take over its functions.  

Sponsor:  Representative Armstrong, et al.

Summary of bill:  The stated findings of the Legislature are that the DSHS has grown significantly and is so large that it is difficult to administer; does not have the appropriate focus on critical functions; does not effectively deliver services and programs; leads to higher state costs through inefficiencies due to its size; and is difficult to measure the performance of the agency. The DSHS is abolished and its powers, duties, and functions are transferred to the following new departments: (1) the Department of Economic Services; (2) the Department of Medical Assistance; (3) the Department of Health and Rehabilitative Services; and (4) the Department of Children's Services. By July 1, 2009, the Governor shall appoint a transition team consisting of representatives from the Office of Finance Management and the divisions of the DSHS. The transition team shall divide up the functions of the DSHS into the newly created departments and, by January 1, 2010, will submit the plan and the necessary implementing legislation to the Legislature so that the new agencies will be operating by July 1, 2011.

Status:  April 12 - Returned to Rules.

HB 2438 - The definition of "service animal."

Sponsor:  Representative Moeller, et al. 

Summary of 2010 bill:  Revises the definition of "service animal" under the Washington Law Against Discrimination as it applies to unfair practices in real estate transactions. Replaces references to "person who is blind, deaf, or physically disabled" with "person who is disabled."

Status:  January 13 - Public Hearing held in House Judiciary Committee. March 15 - By resolution, reintroduced and retained in present status.

ü  SHB 2824 (SB 6444) - Making 2010 operating supplemental appropriations.

Sponsors:  Representative Linville, et al; by request of Governor Gregoire

Status:  February 26 - Passed by executive action in House Ways and Means Committee. March 15 - By resolution, reintroduced and retained in present status.

HB 2849 (SB 6491) - Transferring the state school for the blind and the state center for childhood deafness and hearing loss to the office of the superintendent of public instruction.

Sponsor:  Representatives Haigh, at the Request of Governor Gregoire.

Summary of bill:  The state residential schools: the School for the Blind, the School for the Deaf, and the State Center for Childhood Deafness and Hearing Loss, (which serves local school districts that serve deaf students) become programs under the Office of the Superintendent of Public Instruction. The Superintendent will make all appointments that were formerly made by the Governor and/or Senate.

Status:  March 15 - By resolution, reintroduced and retained in present status. 

HB 2953 - Transferring the functions of the Home Care Quality Authority and the Department of Services for the Blind to the Department of Social and Health Services.

Sponsor:  Representative Pettigrew, by request of Governor Gregoire.

Summary of bill:  Abolishes the Home Care Quality Authority (HCQA) and the individual home care provider referral registry. Transfers the authority to obtain consumer stakeholder input for collective bargaining and communicate that input to the Governor's Labor Relations Office from the HCQA to the Department of Social and Health Services (DSHS). Abolishes the Department of Services for the Blind (DSB) and transfers all functions of the DSB to the DSHS.

Status:  March 15 - By resolution, reintroduced and retained in present status.

HB 3093 - Regarding parental involvement in the development of educational programs for children with disabilities.

Sponsor:  Representative Williams

Summary of bill:  Affords parents and parent-designated independent evaluators and educational consultants, upon request of a parent of a child with disabilities, timely access for observations of the child's current educational program and any program proposed for the child.

Status:  March 15 - By resolution, reintroduced and retained in present status.

HB 3176 - Increasing state revenues to preserve funding for education, public safety, health care, and safety net services for elderly, disabled, and vulnerable people by preventing abusive tax avoidance transactions, narrowing or eliminating certain tax preferences, and providing equitable tax treatment.

Sponsor:  Representatives Hunter, et al.

Summary of bill:  Addresses state revenue related to: (1) Minimum nexus standards; (2) Abusive tax avoidance transactions; (3) Placing a cap on the first mortgage deduction; (4) Direct seller business and occupation tax exemption; (5) Business and occupation tax references for manufacturers of products derived from certain agricultural products; (6) eliminating tax preferences for bullion; (7) Ending the preferential business and occupation tax treatment received by directors of corporations; (8) Airplane excise tax; (9) Public utility tax on interstate hauls; (10) Foreclosure exemption; (11) Tax debts; and (12) Repealing the nonresident sales tax exemption, the sales and use tax exemption for livestock nutrient equipment and facilities, and the business and occupation tax credit for new employment for international service activities.

Status:  March 15 - By resolution, reintroduced and retained in present status.

SENATE BILLS

SSB 5959 (Carry over bill from 2009 session) - Exempt employment practices.

Sponsor:  Senator Hobbs, et al.

The number of employees who are exempt or in WMS must be reduced to a level that is 25 percent of the amount of such employees currently in existence.

The director must require each state agency to report semiannually on the number of classified and non-classified employees in the agency and the change compared to the previous report; the number of bonuses and performance-based incentives awarded to agency staff; and the cost of each bonus or incentive awarded. A compilation of the data for each agency must be provided semiannually to the Governor and posted on the department's website. If a vacant position is being exempted, the exclusive bargaining unit representative may act in lieu of an employee for the purposes of an appeal.

Status:  March 15 - By resolution, reintroduced and retained in present status.

ü SSB 6364 (HB 2836) - Concerning the Capital Budget.

Sponsors:  Senator Fraser, et al.

Status: March 11- Placed on second reading calendar. By resolution, returned to Senate Rules Committee for third reading. March 15 - By resolution, reintroduced and retained in present status.

ü ESSB 6426 (2SHB 2617) - Eliminating certain boards and commissions.

Sponsors:  Senator Prentice, by request of Governor Gregoire.

Status: March 11 - By resolution, returned to Senate Rules Committee for third reading. March 15 - By resolution, reintroduced and retained in present status (The House version had final passage March 19, 2010).  

SB 6465 - Authorizing certain commercial activity at state-owned safety rest areas.

Sponsors: Senators Shin, et al. 

Summary of bill:  To the extent permitted under federal law, the Washington State

Department of Transportation (WSDOT) may enter into leases with private businesses to allow commercial activity at safety rest areas. The commercial activity can include food or beverage retailers, restaurants, grocery and convenience stores, lodging, and service stations. Before entering into a lease, WSDOT must contact businesses within one mile from the highway exits before and after the safety rest area and allow them an absolute right of first refusal. The department must also ensure the most favorable lease rates for the state. Any lease must not interfere with any nonprofit organization that was previously conducting fundraising activities.

Status:  March 15 - By resolution, reintroduced and retained in present status. 

SB 6491 (HB 2849) - Transferring the state school for the blind and the state center for childhood deafness and hearing loss to the office of the superintendent of public instruction.

Sponsors:  Senators Oemig, et al; by request of Governor Gregoire 

Status:  March 15 - By resolution, reintroduced and retained in present status. 

For information on the final, enacted state budgets go to:  http://leap.leg.wa.gov/leap/default.asp.

If you have any questions regarding the DSB Bill Tracking Report, please contact Ellen Drumheller at (360) 725-3826 or by email:  Ellen.Drumheller at dsb.wa.gov. 

Sincerely yours,

Lou Oma Durand
Executive Director 

Department of Services for the Blind 

Email:  LouDurand at dsb.wa.gov 

Phone:  360-725-3835 or 206- 721-6435 

Toll free:  1-800-552-7103 
Visit our web site at:  http://www.dsb.wa.gov 

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