General Local Government

AWC Priority
Governor’s Health Care Legislation Addresses Offender Medical Costs & Public Health (E2SSB 5930)

The Governor’s proposal to implement the recommendations of the Blue Ribbon Commission on Health Care passed the Legislature on April 21 after a conference committee worked out differences between the House and Senate passed versions of the bill.

Among the issues discussed in the conference committee were the provisions related to medical care for offenders and public health.

The committee left the language addressing medical care for offenders that struck the reference to law enforcement in the underlying statute. This should restore the status quo prior to a 2005 Attorney General interpretation of RCW 70.48.130 that concluded that cities were responsible for the costs of offender medical care if their law enforcement made the arrest, unless otherwise provided by interlocal agreement or other insurance. Like the House-passed version of the bill, this change will sunset in two years.

Cities are encouraged to contact the Governor in support of the change in this section. Some opposition to the provision is expected. Tell her that Sec. 66 of E2SSB 5930:

• Returns cities to the pre-2005 AGO status quo;p
• Clarifies for all law enforcement who is responsible for medical costs of offenders, so there is less chance of a disagreement between jurisdictions about who must arrest; and
• Respects alternative interlocal agreements, if they exist.

In addition, the conference committee stripped out the provisions of HB 2126, which would have limited the amounts hospitals could charge for offender medical care to 160% of the Medicaid rate due to concerns expressed by hospitals. AWC intends to host a session at our Annual Conference to begin discussions with other stakeholders regarding looking for a way to lower medical care costs for all offenders.

The conference committee also pared down provisions related to public health funding to eliminate the funding formula in the bill, but kept some intent language regarding the development of performance measures and reporting requirements in return for additional funding for public health. While this bill stripped out the funding provisions as well, additional funding and the distribution formula were included in the final budget. See the Municipal Finance section for more information.

Filing Vacancy in Office of Mayor (HB 1391)

Unfortunately, the bill did not make the cut-off and died. AWC will pursue this legislation next session. The proposal would have clarified that incumbent council members in mayor-council cities or towns are eligible to be appointed to fill a vacancy in the office of mayor without first having to resign their council seat. In addition, the bill would have removed the restriction that second class cities must only choose a mayoral replacement from among the sitting council members. AWC would like to thank the bill’s sponsor, Rep. Deb Eddy (D-Kirkland) for her support.

Public Disclosure of Attorney Invoices (SHB 1897)

The bill clarifies that under RCW 42.56, attorney invoices cannot be withheld in their entirety by a public entity under the Public Records Act. In addition, the bill lists specific allowable redactions, such as actual legal advice, mental impressions, and theories and opinions. The bill passed the Legislature and is now transmitted to the Governor for signature.

Public Records Exemptions Accountability Committee (SSB 5435)

The Public Records Exemptions Accountability Committee is formed and is charged with reviewing all exemptions from public disclosure. The 13 member Committee will include one representative from local government.

By August 1, 2007, and each year following, the code reviser must provide the Committee with a list of all exemptions from public disclosure. The purpose of the Committee is to review public disclosure exemptions and provide recommendations. The Committee must develop and publish criteria for review of public exemptions.

For each public disclosure exemption, the Committee must provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15 of each year, the Committee must transmit its recommendations to the Governor, the Attorney General, and the appropriate committees of the Legislature.

The sunset provision, which would have terminated the Committee on June 30, 2011, was not included in the bill. AWC will re-visit this issue as work progresses with the Committee.

Allowing Voter Registration Up to and on Election Day (SB 5561)

This bill would have allowed voters to register up to and on Election Day. The bill died, in part due to the large fiscal note ($4.8M in the first biennium). AWC will continue to keep an eye out for similar legislation in subsequent sessions.

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