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The Olympia Scramble
by Maria Tomchick
Last week, legislative committees in Olympia decided on which bills would
go before the Senate and the House. Many good bills died in committee, a
few made it through committee, and lots of time was spent agonizing over
the budget and transportation issues. With only three weeks left in this
short session, there's not much time to plug the funding holes left by
I-695.
The repeal of the car tab tax left the state's biennial budget short by
$750 million. There's about $74 million available under the I-601 spending
cap that can be immediately used to fill some of the gap. There's also
about $200 million in unrestricted reserves and another $500 million set
aside by law in the emergency reserve account. I-695 supporters want to see
all of that reserve money spent. The only problem is, once the money's
gone, it's gone. Spending the entire reserve--including emergency funds--to
fill the gap in a single budget year is moronic, to say the least. Which
means the legislature will probably try some combination of budget cuts and
raiding of various trust fund accounts (the Housing Trust Fund, the tobacco
settlement funds, etc.) to pay for transportation. And in the middle of all
of this, there's been a lot of chest-beating, election-year moves by both
the Democrats and the Republicans to cut taxes, which would create an even
bigger hole in the budget.
Governor Locke has provided no leadership on either the budget shortfall or
the collapse of transportation funds. He has made a one-time allocation of
$100 million to local transit authorities, giving them three or four
months' grace period before the big cuts have to happen. Meanwhile, his
head-in-the-sand approach to transportation funding--i.e., leave it to his
Blue Ribbon Committee on Transportation to study and recommend a solution
in late November (after the November elections, of course)--is
politicking at its worst and a clear dereliction of duty. At the very
least, it's a sign that Locke is another one of that odious breed of
conservative Democrats who's happy to find one issue (in this case,
education) that he hopes will take the voters' minds off his stunningly
poor record. Yet, even Governor Lick-Ass's education proposal is being
savaged by this year's legislature in the name of finding a little dough
for road construction. On Feb. 5, Locke at last backed down and admitted
that maybe this year's legislature ought to address the transportation
funding problem, but he has no coherent plan and clearly prefers to drop
the subject, if possible.
In the meantime, the legislature has a narrow timeline to approve bills and
work out a budget. The bills listed below are, as of this writing, being
debated on the House and Senate floors. On Wed., February 16, bills that
have survived a vote of the full House will be passed on to the Senate for
another run through committee, and vice-versa for Senate bills. That
process will take approximately two weeks. The final 10 days of the session
will be devoted to voting on bills that survived committee, reconciling the
House versions with the Senate versions of each bill that passed, and
hammering out the budget.
This, then, is a progress report. (Note: House Bills have the "HB"
designation and begin with the number 1 or 2 and Senate Bills have the "SB"
designation and begin with the number 5 or 6. An additional "S" in front of
a bill number designates a substitute bill.)
First of all, a lot of very good bills died in the first round of committee
hearings. Most childcare bills died, including a provision for a toll-free
childcare hotline that would have provided parents with free and
easy-to-obtain information on childcare providers. Foster care bills fared
badly, especially a couple of good proposals to provide educational
assistance to children in foster care and to 18 to 21-year-olds raised in
foster care who have no access to funds for college or other higher
education options. Folks with disabilities got short shrift, too, as one
bill after another failed to make it out of committee.
Affordable housing advocates watched some of their bills die, too,
including a proposal to extend the "just cause" requirement to tenants
outside of Seattle. Inside Seattle, landlords who want to evict tenants
have to show "just cause"--not so, in the rest of the state. But a bill to
preserve federally designated Section 8 housing and give tenants or
non-profits a chance to buy former Section 8 properties (SSB 6663) survived
and will be scheduled for a vote on the Senate floor; its chances in the
House seem slim, however. Senate Bill SB 6689 would reallocate real estate
excise taxes to local, low-cost housing. Call your senator and tell her or
him to support these two bills.
Welfare advocates helped to shepherd through a few bills to mitigate the
impact of the state's welfare reform policies. SHB 2367 and SSB 6558 would
allow single parents to count on-the-job internships and practicums as part
of the work requirements under the WorkFirst rules. This is a no-brainer,
and SHB 2367 passed the House unanimously. Similarly, SB 6365 and SB 6364
would allow apprenticeship and pre-apprenticeship programs to also qualify
as work. Another bill, 2S6167, would make it easier for low-income folks to
maintain access to Medicaid by removing the "assets test" for people who
re-apply for benefits. It does, however, force everyone to use the same
application when they apply. Currently, pregnant women and children use a
simplified application that's less burdensome. This problem, however, could
be hammered out later.
The big social issue of this session has been the state's health insurance
crisis. The legislature has bypassed any discussion of fixing the state's
Basic Health Plan and concentrated instead on two items: the Patients' Bill
of Rights and the private insurance market.
The Patients' Bill of Rights has come up in prior years, but has hit a dead
end every time. Not this year. A much-amended version sailed through the
Senate on a 48-1 vote. It has already passed through the House Health Care
Committee and is scheduled for a vote on the House floor, where it will
probably pass (2SHB 2331). It will give patients the right to sue HMOs,
requires insurance carriers to offer a choice of providers, and would
ensure the confidentiality of patient information. One provision, however,
is problematic; the bill would allow patients a third-party review for
claims that have been denied, but there's no time limit on how quickly that
review must occur. It's a bad sign when both Premera Blue Cross and Regence
BlueShield representatives gloat that they are already in compliance with
this provision. Only a week ago Premera agreed to pay the state a $55,000
fine for illegally denying patients' claims to cover emergency room visits.
Regence has also been accused of the same crime, as has Aetna. And QualMed
Washington paid a $250,000 fine last August for emergency-room claim
denials.
The insurance industry has another trick up its sleeve. Two bills (one in
each house) address the private insurance market. Both bills would change
state law to lengthen the time people with pre-existing conditions must
wait before they can qualify for private insurance. Currently, the wait is
only three months. HB 2362 would extend that to six months, while HB 2360
would extend it to one year, primarily at the request of insurance
companies that don't want to cover pregnant women or "high-risk"
individuals (for example, a person recently diagnosed with cancer). Both
bills are bad, both have stalled in the House Health Care Committee--but
both are also exempted from the usual cut-off dates, so either one could be
revived at any time. Ominously, a substitute Senate bill, 2SSB 6067, which
pushes similar changes to our state's insurance laws, is scheduled for a
Senate floor vote. Some legislators want to tack it on to the Patients'
Bill of Rights. Call your Senator and tell him or her to vote this one
down.
On the bright side, two bills--HB 2031 and SB 5920--require health
insurance plans to offer their enrollees direct access to midwives. These
bills have passed both houses and could easily become law by the end of the
session.
These are only a few of the many bills that have passed committee. To check
on the status of these and other bills, you can call the Bill Room at
360-785-7573. To reach your legislators, you can call the toll-free hotline
at 1-800-562-6000 (TDD 1-800-635-9993). Via the Internet, you can visit
http://www.leg.wa.gov to see the texts and status of bills, follow the
legislative schedule, and find out who your representatives are.
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