AWC Legislative Bulletin - Volume 30, No. 9
March 2, 2007
(Plain Text Version)
Return to Graphical Version | Search
back issues
In this issue:
What You Need to Know Now
From the Director - Legislative Action Shifts to the Floor: Calls from Home are Vital
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Officers
Law & Justice
Appointment/Election of Municipal Court Judges & Clarifying Court Contracting Authority (SSB 5353)
SSB 5353 passed out of the Senate Judiciary Committee on February 27. Instead of adopting just one of the two amendments offered as alternatives to requiring election of all judges, the committee approved both alternatives. As a result, the amendment requires cities that appoint their judge to go through a nominating commission process and then submit the judge for a retention election after two years of service and a retention election to continue serving every four years thereafter.
The bill also still contains the provisions expanding subject matter jurisdiction to include domestic violence and other protection orders for all municipal courts. This requirement is particularly a problem for those courts that operate part-time, since many times these orders are needed on an emergency basis. Currently, under a bill passed last year, municipal courts have the option of hearing these cases and issuing orders.
We will be working with legislators to ask for changes to the bill that would strip out all but the municipal court contracting authority, the provision of the bill that AWC does support, if the bill reaches the Senate floor. That would make the bill identical to SHB 1590, which only includes the provisions clarifying municipal court contracting authority between cities. SHB 1590 is currently in the House Rules Committee and we hope the bill will be brought to the floor soon.
Limiting Medical Costs for Inmates (HB 2126)
HB 2126 would have capped the amount hospitals could charge cities and counties for inmate medical costs at 160% of the Medicaid reimbursement rate. It was introduced by Rep. Charles Ross (R-Naches) to assist local jurisdictions with this increasingly burdensome and unmanageable cost. Our expectation was that cities and counties would be charged slightly more than the hospitals’ costs for this service, but certainly much less than the uninsured rates many currently pay. Unfortunately, though this bill had been introduced several weeks ago, on the eve of the hearing several counties objected to the proposal, suggesting that this would interfere with their current method for sharing costs with the hospital.
Due to the confusion, the bill was removed from the agenda. Because it is so close to the cutoff for fiscal bills, this proposal will not be heard this session.
As expected, 2SSB 1001 passed out of the House Human Services Committee with amendments changing the provisions related to juveniles. The amended version of the bill removes mandatory minimum sentences for juvenile offenders and retains an increase in seriousness level for the vehicle-related theft offenses, but at a lower level of increase. The bill also adds a requirement at sentencing for theft of a motor vehicle, possession of a stolen vehicle, or first or second degree taking a motor vehicle for an evaluation of the juvenile’s need for services and a requirement that the juvenile complete all treatment.
The bill, which also increases penalties for adult offenses related to auto theft and creates an auto theft authority to fund law enforcement tools to address this problem in many communities, has been referred to the House Appropriations Committee for further review.
As discussed in the February 23 Bulletin, these bills would require all municipal courts to develop a language assistance plan to provide for interpreter services in court proceedings. A model plan would be developed by the Administrative Office of the Courts for courts to use in adopting the plans. In return, half the costs of the qualifying interpreter services would be reimbursed by the state for those jurisdictions with plans. AWC has been generally supportive of this new state funding source to assist municipal courts in the expense of offering interpreters in court proceedings.
Because the budget was reduced significantly, we hope the bill will be changed to link the interpreter services funding incentive with the option of adopting the plan. Otherwise, with insufficient funding for technical assistance, the requirement to adopt the plan could result in an expensive mandate for all municipal courts.
Studying Gang Activity (SSB 5987)
This bill was introduced by Sen. Jim Clements (R-Selah) at the request of the Attorney General to combat increasing levels of gang violence. It passed the Senate Judiciary Committee as a study bill to evaluate and make recommendations regarding:
- measures to combat gang-related crime,
- the creation of a statewide gang information database,
- possible reforms to the juvenile justice system for gang-related juvenile offenses,
- best practices for prevention and intervention of youth gang membership, and
- the adoption of legislation authorizing a civil anti-gang injunction.
The Office of the Attorney General is required to report back to the legislature on its findings and the recommendations of the work group or groups on or before January 1, 2008. AWC would like to express our appreciation to the members of the Yakima police force, prosecutor’s office, and downtown association who all traveled through a snow storm to show their support of this important measure.
Criminal Violations of No-contact, Protection and Restraining Orders (SHB 1642, SB 5697)
SHB 1642, which would clarify that a violation of a no-contact provision of a court order is a criminal offense and can be enforced as a criminal violation, passed the House on February 28. The bill had been amended prior to passing out of the House Judiciary Committee to add violations that constitute acts or threats of violence and stalking to the type of restraint provisions that, if violated, will be a criminal violation. AWC wishes to express our gratitude to Rep. Jamie Pedersen (D-Seattle) for his leadership on this issue.
The Senate companion, SB 5697, did not pass out of the Judiciary Committee before the legislative cutoff. This is in part because the bill stems from a technical interpretation of the current law by some courts, and the Senate has been reluctant to address this issue before the lower court’s interpretation has been unsuccessfully appealed to a higher court. AWC will press the Senate to take up the House bill.
Thresholds for Property Crimes (SB 5343)
Similar to legislation introduced the last couple of years, this bill would increase the property thresholds for property crimes, resulting in more misdemeanor cases.
For theft, felony possession of stolen property, malicious mischief, and theft of leased or rental property in the first degree, the property threshold would increase from the current level of property over $1,500 to $5,000. Second degree offenses would increase from a range of $251 to $1,500 to a range of $751 to $5,000. Third degree offenses would be gross misdemeanor offenses if the property value was $750 or less, up from $250.
Regarding a Statewide Enhanced 911 Emergency Radio Network (SHB 2225)
This substitute bill was heard and passed by the Technology, Energy & Communications Committee on Tuesday, February 27. The bill would establish a work group to study how to enhance the delivery of emergency information to the public in the event of an ongoing emergency. The bill outlines the committee’s membership and issues to be considered. It is now in the Rules Committee.
Other Bills that Appear to be Dead for the Session
A number of law and justice bills failed to pass out of their committee of origin by the February 28 deadline and are considered dead for the 2007 session.
AWC supported bills:
- HB 2126, regarding jail inmate care (see article above)
- HB 1754, creating a registry of methamphetamine offenders
Bills opposed by or of concern to AWC:
- HB 1133, evaluating alternatives for monitoring sex offenders
- HB 2133, increasing property thresholds for malicious mischief
- HB 2254, changing the penalties for gross misdemeanor DUIs
|