Washington’s political parties are back in federal appeals court, continuing their six-year  challenge of the state’s popular voter-approved Top 2 Primary.

The Democratic, Republican and Libertarian parties of Washington asked the 9th Circuit Court of Appeals on Tuesday to throw out the system, which allows voters to choose their favorite for each office, without respect to party, with the two favorites advancing to the November General Election ballot.  Neither party is guaranteed a November runoff slot, and the Top 2 is not a nominating election, but rather a winnowing contest.

Jeff Even, deputy state solicitor general, representing Secretary of State Sam Reed and the voters, said the oral argument went well, and that he is optimistic that the state will be able to keep the Top 2 system in place.  California voters recently adopted the system. The three-judge panel gave no indication when they will rule, but Even said he would expect the state to know by next spring that it can run the big 2012 election system with the Top 2 in place.

The system was approved in a landslide public vote in 2004 after the parties had successfully challenged the state’s longstanding “blanket” primary, which allowed crossover voting, but produced a GOP nominee and a Democratic nominee, with minor parties handled in a separate process.

The system easily survived a constitutional challenge to the U.S. Supreme Court, which handed down a 7-2 ruling back in March of 2008.  The state has used the system ever since, with polls showing heavy public support.  But the parties continue to argue that the Top 2 system causes voter confusion and thereby violates the parties’ freedom of association.

In January, U.S. District Judge John Coughenour (pronounced Coo’-now-er) dismissed challenges brought by the parties over the way Washington operates the primary.  Secretary of State Sam Reed and Attorney General Rob McKenna called it a major victory for the voters of Washington and expressed hope that the case was resolved at long last.  But the parties decided to appeal.

The court did, however, side with the parties on one issue, saying it is unconstitutional for the state to conduct precinct committee officer elections for the parties when the races are on a ballot available to all voters across the political spectrum.  The ruling apparently means the state is out of the PCO election business unless the Legislature devises some fallback system.

The judge said the state Elections Division has carefully adopted the recommendations of the high court, making it clear that candidates “prefer” a particular party of their designation, but that the party may or may not endorse the candidate.  Coughenour dismissed the parties’ contention that voters are confused by the party references.

He said the system “does not create the possibility of widespread confusion among the reasonable, well-informed electorate.”

Even and Grange attorney Tom Ahearn asked the appeals judges to agree with the district judge that Washington has carefully implemented the Top 2 system using the roadmap suggested by the U.S. Supreme Court.  Voters are not confused by the system and the high court already has said the parties do not have a right to demand that their favored candidates be identified, Even said.

The judges gave no indication that the Top 2 system itself is in any jeopardy, Even said.

“This is about as good as we could have hoped,” said Katie Blinn, co-state elections director.

Secretary Reed was pleased at how the hearing went, and optimistic of victory:

“The people created this Top 2 Primary system by an overwhelming statewide vote in 2004 as Initiative 872 and it keeps voters in the driver’s seat in choosing their finalists for office in this state. It honors our wonderful political heritage of allowing us to vote for our favorite candidate for each office without regard to party preference.

“This new primary system has been a real passion of mine for the past decade, and it has proven very, very popular in the past four elections.  California voters recently adopted our system and I would predict it catches on more broadly in this country.”  The Top 2 system says every single voter is important in winnowing the field of candidates.  Judge Coughenour’s wise ruling told us that the primary belongs to the voters and not solely the parties.”

The U.S. Supreme Court today agreed to hear the multi-state lawsuit challenging the constitutionality of the federal health care law.

“Today our nation’s highest court acknowledged that this case poses serious questions about the limits of federal power,” state Attorney General Rob McKenna said. “Access to affordable, quality health care can be expanded without cutting constitutional corners. Health care reform is far too important to rest on an unconstitutional foundation.”

In September, the petition by the 26 states, along with a parallel petition from the National Federation of Independent Businesses and two individual plaintiffs, asked the nation’s highest court to consider whether the health care law’s mandate that every American buy government-approved health care or face a fine exceeds Congress’ powers under the Constitution, and whether the mandate can be severed from the rest of the law.

McKenna noted that in the early days of the lawsuit, some widely quoted legal experts suggested the case had “no merit” or was nearly frivolous.  The moderator of a 2010 U.W. panel about the case even claimed to be unable to find a law professor to argue on behalf of the lawsuit.  Both the U.S. District Court for the Northern District of Florida and the 11^th Circuit Court of Appeals in Atlanta later ruled that the law’s mandate is unconstitutional.  Even among judges who ruled in favor of the health care law, none dismissed the lawsuit as meritless. Now the nation’s highest Court says the case requires its consideration.

http://www.flickr.com//photos/wsdot/sets/72157627791345493/show/

• Northbound SR 99 between the West Seattle Bridge and South Royal Brougham Way will be closed around-the-clock beginning at 7:30 p.m. Friday, Oct. 21 to 5 a.m. Monday, Oct. 31.

• Northbound SR 99 between the South Royal Brougham Way on-ramp and the Battery Street Tunnel will open from 5 a.m. to 7 p.m., Monday through Friday, and for special events at CenturyLink Field.

• Southbound SR 99 between the Battery Street Tunnel and West Seattle Bridge will be closed around-the-clock beginning at 7:30 p.m. Friday, Oct. 21 to 5 a.m. Monday, Oct. 31.

Judge Benjamin H. Settle ruled that plaintiffs seeking to prevent Secretary of State Sam Reed from disclosing Referendum 71 petitions under Washington’s Public Records Act have not demonstrated that signers of R-71 face a reasonable probability that disclosure will subject them to threats, harassment, or reprisals from government officials or private parties. In fact, Settle wrote, “[T]he Court finds that Doe has only supplied evidence that hurts rather than helps its case.”

Judge Settle refers to the witnesses provided by the plaintiffs in Doe v. Reed, who all reported that police efforts to address their alleged harassment were either “sufficient or unnecessary.” Plaintiffs have had two years to substantiate their claims that signers of R-71 would face serious harassment if petitions are disclosed. The judge also pointed out that the names of 857 R-71 campaign contributors have been public for years, and no serious harassment has been reported.
“The people of our state have long asserted their right to access government records, including ballot measure petitions,” said Washington State Attorney General Rob McKenna. “Barring the threat of serious harm or harassment to persons identified in such records, the state should always err on the side of transparency and accountability. We’re pleased that the court agrees.”

McKenna added that intimidating or harassing anyone participating in the political process is unacceptable, and urges members of the public to contact the police if they are being threatened. In the case of R-71, however, such harassment was not demonstrated to the court.

On July 28, 2009, plaintiffs (collectively “Doe”) filed the action to enjoin the disclosure of R-71 petitions. They argued that disclosure of any referendum or initiative petitions is unconstitutional as a general matter. Second, they claimed that disclosure of R-71 petitions would be unconstitutional as specifically applied to R-71 initiative signers. On September 10, 2009, the court granted preliminary injunctive relief on the first count but declined to rule on the second. The first count was litigated all the way to the U.S. Supreme Court, with Attorney General McKenna personally arguing on behalf of disclosure. The Court agreed with McKenna that petitions should be disclosed but left open the possibility of relief under the second count (Doe’s “as-applied” challenge to disclosure of the R-71 petitions).

On June 29, 2011, the parties filed motions for summary judgment regarding Doe’s as-applied challenge. The plaintiffs were unable to provide witnesses who demonstrated a serious threat of harassment, even though the majority of R-71 signatures were gathered in public places, such as grocery stores and shopping malls.

In one decision the court upheld the authority of the attorney general to pursue an appeal of the federal health care law. The city of Seattle had filed a lawsuit requesting McKenna withdraw Washington from the multi-state lawsuit that is challenging the federal health care law requiring individuals to purchase government-approved health insurance in the private marketplace.

In the second decision the Supreme Court ruled 7-2 that McKenna must file an appeal as requested by the state Commissioner of Public Lands.

The attorney general had looked at the case and decided it was not in the legal interest of the state to pursue an appeal. The court ruled the commissioner had the legal authority to direct the attorney general to file the appeal.

During the press conference McKenna noted the dispute between the commissioner’s office and the attorney general’s office was unusual.

“Disagreement of this type are very rare,” McKenna said. “It is very rare for a client to ignore the advice of several lawyers.”

McKenna noted the court ruled the land commissioner had the statutory authority to direct legal action, while other officials do not have this authority.

“It is a concern to us,” McKenna said.

In the health care case McKenna noted the appeal was seeking to remove the mandatory requirement that individuals must purchase government approved health care, and was not seeking to overturn the federal health care act.

Here is a link to the cases — http://www.courts.wa.gov/opinions/?fa=opinions.recent

Attached are press releases from McKenna’s office and the land commissioner’ office regarding the cases.

Release from Commissioner of Public Lands Peter Goldmark.

Supreme Court requires Attorney General to represent Commissioner of Public Lands

OLYMPIA – Statement from the Commissioner of Public Lands Peter Goldmark in response to the favorable ruling by the Washington State Supreme Court in the writ of mandamus against Washington State Attorney General Rob McKenna:

“In today’s historic decision the Supreme Court ruled that Rob McKenna’s ‘duty is mandatory, and the attorney general has no discretion to deny the commissioner legal representation.’  I applaud the Supreme Court for striking down what would be a dangerous precedent by the attorney general to dictate policy for another statewide elected official.

“As Commissioner of Public Lands, I have an obligation to manage the state’s trust lands sustainably for future generations, and I will continue to fight for what I know is right.  Thankfully, the Supreme Court has agreed with me.  It is essential that the Office of the Commissioner of Public Lands has the ability to carry out its responsibility to the trusts, and not having counsel leaves the Common School Trust defenseless. The schools supported by the trust and the citizens of Washington are the big winners today.”

Common School Trust

DNR manages more than 3 million acres of public trusts lands, the largest of which is the Common School Trust. Since 1967, revenues derived on lands within the Common School Trust have provided about $3 billion in non-tax revenue for the capital construction of public school facilities. These non-tax revenues are generated by the private sector on trust lands through agriculture, grazing, and timber harvest.

 Release from Attorney General Rob McKenna.

Supreme Court requires AG to file Commissioner’s appeal, citing specific statute

OLYMPIA – The Washington State Supreme Court today ruled 7-2 that Attorney General Rob McKenna must file an appeal as requested by the state Commissioner of Public Lands, despite the fact that an Okanogan Superior Court considered and ruled against the Commissioner’s position and despite the Office of the Attorney General’s judgment that the appeal was not in the legal interest of the state of Washington. In its ruling, the court pointed to a specific statute pertaining directly to the Commissioner’s authority to direct legal action.

“It’s important to note that disagreements between the Attorney General’s Office and its clients over legal strategy are exceedingly rare and that the court today relied on a specific statute governing the Commissioner’s authority to direct legal action,” McKenna said. “We continue to study this decision and are concerned about the apparent inconsistencies between prior Supreme Court precedent and today’s ruling in City of Seattle, rulings which recognize the Attorney General has broad discretion to direct legal action in the best interest of the state as a whole.

Deputy Solicitor General Alan Copsey argued the case on behalf of Attorney General McKenna.

In the underlying case, the Attorney General’s Office represented the Commissioner in a lawsuit filed by the Public Utility District No. 1 of Okanogan County seeking to condemn an easement to install and maintain a power line through public and private lands in the Methow Valley. The Public Utility District won the case and the Commissioner of Public Lands asked the Attorney General’s Office to appeal the decision on his behalf. After careful consideration, the Attorney General’s Office declined the request to appeal.

The decision not to appeal the Okanogan County Superior Court ruling was based, as all of the Attorney General’s Office’s appellate decisions are, on whether legal error was made by the trial court judge, consideration of the trial court record, and the potential effect of an appeal on the legal interests of the state as a whole. This process for handling appeals has been in place for many years.

With today’s decision, the Commissioner’s appeal of the superior court decision may now proceed.

 Release from Attorney General Rob McKenna.

Supreme Court upholds AG’s authority to pursue health care challenge

OLYMPIA – In a 9-0 ruling, the Washington State Supreme Court denied the City of Seattle’s request to require Attorney General Rob McKenna to withdraw Washington from the multi-state lawsuit challenging the constitutionality of the federal health care law passed in March 2010 and upheld the Attorney General’s authority to defend the public interest.

“I’m pleased the court affirmed the authority and responsibility of the Attorney General to challenge the constitutionality of federal laws that threaten the constitutional rights of this state and its people,” McKenna said. “It’s important that the state’s constitutionally-established, independently-elected Attorney General – whomever it may be — have the authority to protect the legal rights of the state and its people in the years to come.”

The city argued the Attorney General overstepped his authority when he joined more than a dozen state attorneys general in filing the suit in late March 2010.

The state argued the courts have consistently recognized that the Attorney General’s constitutional and statutory role requires him or her to exercise independent legal judgment that takes into account the legal interests of the state of Washington as a whole when determining how to best protect its legal rights.

The court ruled 9-0 that state law grants the Attorney General discretionary authority to act in any court on “a matter of public concern,” that the federal health care reform act was of “public concern” and therefore denied the City of Seattle’s request to force the Attorney General to withdraw the state from the multistate lawsuit. The suit now includes 26 states, the National Federal of Independent Business and several individuals.

Solicitor General Maureen Hart argued the case on behalf of the state.

On August 12, 2011, the 11th Circuit Court of Appeals ruled the federal government may not force individuals to purchase government-approved health insurance in the private marketplace, stating Congress may not “mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”

An estimated 60,087 vacant jobs were available, an increase of 55 percent from a year earlier and nearly double the number that existed in spring 2009.  The last time the survey showed a larger number of vacancies was in spring 2008, when there were nearly 75,000 job vacancies.

“In order for unemployment to come down, we need more jobs and more hiring,” said Employment Security Commissioner Paul Trause. “This survey shows that employment conditions are gradually improving.”

Job vacancies hit an all-time high in fall 2006, with nearly 91,000 open positions. That number dropped rapidly the ensuing three years, hitting a low point of 32,037 vacancies in fall 2009.

The number of unemployed job seekers declined from a peak of about 337,000 in spring 2010 to around 312,000 at the same point in 2011.  At the same time, the total labor force (which includes employed workers and unemployed workers who are actively looking for jobs) also declined, by an estimated 51,926 (seasonally adjusted).

Highlights from Employment Security’s Spring 2011 Job-Vacancy Survey

• About half of the job vacancies were at companies with fewer than 50 employees, while about one-fourth were at companies with more than 250 employees.

• Of the 60,087 job vacancies reported, 14.7 percent (8,834) were newly created positions, mostly at companies with fewer than 20 employees.

• Over the year, vacancies grew in all major industry groups except the information and utilities industries.  The healthcare and social assistance industry (10,131), the retail-trade industry (9,502) and the accommodation and food services industry (7,728) had the most vacancies.

• Among occupations, the greatest growth was in food preparation and serving; computer and mathematical positions; healthcare; and office and administrative support.

• Geographically, 62 percent of all job vacancies were in the central Puget Sound region of King, Pierce and Snohomish counties.

• 55 percent of open jobs required a high school diploma or had no educational requirement.  The percentage of vacancies requiring advanced education tends to drop in the spring, as seasonal employment increases.

2011 Spring Job-Vacancy Report, http://www.workforceexplorer.com/admin/uploadedPublications/11344_JVSAug_11Rept.pdf

Job-Vacancy Survey Appendices, Spring 2011, http://www.workforceexplorer.com/admin/uploadedPublications/11343_Appendices_JVSApr_11Wex.xls

Job-Vacancy Survey by local areas, Spring 2011, http://www.workforceexplorer.com/admin/uploadedPublications/11345_JVS_WDA_Report_Apr_11.xls

The ruling upholds a decision by Florida Judge Roger Vinson earlier this year declaring the provision of the federal Affordable Care Act, requiring all Americans to have or purchase a government-approved health insurance policy in the private market, unconstitutional.

In its 304-page decision, the majority differed with Vinson on the issue of whether the entire act should be nullified, ruling instead that the so-called “individual mandate” could be struck down without declaring the entire act unconstitutional.

The Costco-sponsored liquor privatization measure, Initiative 1183, has qualified for the statewide General Election ballot, Secretary of State Sam Reed announced late Wednesday. The state Elections Division completed a random-sample check of voter signatures, showing easily enough signatures, and on Thursday, Reed will certify the measure to the ballot.

The sponsors submitted 361,339, far more than the 241,153 bare minimum of valid voter signatures needed to qualify for the ballot.  The large number allowed for a random sample of 3 percent. Of the 11,035 sampled, 9,714 were accepted. The other 1,321 signatures were rejected for a variety of reasons: 20 had a missing signature awaiting verification, 103 did not match the signature on file, 1,191 were not found on the voter rolls, and seven were duplicates. The error rate was 13.98 percent., lower than the average rate of 18 percent in recent decades.

The signatures were collected in record time, less than three weeks, and were the most submitted for a 2011 initiative.

This is the second measure to qualify. Tim Eyman’s measure dealing with transportation tolling, I-1125, was certified on Monday.

The signature check on a third measure, I-1163 dealing with home careworkers, sponsored by the SEIU, will begin on Thursday, and likely will be completed by early next week.

Two constitutional amendments also were placed on the ballot by the Legislature. SJR8205 deals with the residency requirement to vote for president and SJR8206 would mandate that a portion of extraordinarily state revenue growth be added to the “rainy day” savings account.

Here is the information on I-1183 that is posted on our initiative webpage:

Sponsors

Mr. Bruce Beckett

Mr. John McKay

Public Contact Information:

6525 18th Ave. NE

Seattle, WA 98115

Phone: 206.755.2122

Fax: 360.357.9232

privatizeliquor@gmail.com

Ballot Title

Initiative Measure No. 1183 concerns liquor: beer, wine, and spirits (hard liquor).

This measure would close state liquor stores and sell their assets; license private parties to sell and distribute spirits; set license fees based on sales; regulate licensees; and change regulation of wine distribution.

Should this measure be enacted into law? Yes [ ] No [ ]

Ballot Measure Summary

This measure would close state liquor stores and sell their assets including the liquor distribution center. The state would license private parties to distribute spirits and to sell spirits in retail stores meeting certain criteria, subject to specified training and compliance requirements. The measure establishes licensing fees for sale and distribution of spirits based on the licensee’s sales revenues. It would change some wine distribution laws and allow non-uniform wholesale pricing for wine and spirits.

The 60-page text:

http://tinyurl.com/4x8zgt6

Reed, a moderate Republican and the state’s senior GOP statewide elected official, was easily re-elected in 2008 despite the heavy Democratic vote in Washington State.  He said he’s confident he could have won a new term, but is ready to move into an active retirement and turn the office over to a new generation.

A cancer survivor, Reed said he was recently given a clean bill of health and is energetic and plans a “vigorous and robust” finale to his term. He is 70.

“This is a bittersweet decision for me and my family.  I have such love and respect for this office and for the opportunities to serve the people of Washington every single day. I came to Olympia as a young man to answer a call for a new breed of leaders, and was honored to work for Gov. Dan Evans and to be appointed assistant secretary of state by Secretary Lud Kramer at age 28.  Later, I thoroughly enjoyed being Thurston County Auditor for 23 years and now have had the distinct pleasure of being Secretary of State for three terms, including presiding over the nation’s secretaries of state.

“In all, it has been quite a ride – 45 years in public life, including 35 in elective office.

“It is true, there is `a time and a season’ and for Margie and me, it is time to move on at the end of the term.

“I am leaving elective office, but not public service.  I am quite certain that I will continue my love of community and state and country and serve as an enthusiastic volunteer in non-profits and charities, lecturing, writing and spending time on college campuses.

“I will continue to advocate for political moderation, both in my own party and wherever we Washingtonians can find opportunities to solve our challenges through bipartisanship and nonpartisanship. I will continue working for civility, human rights and conservation and other causes I strongly believe in.  I will continue to champion civic engagement by all of us, working to build stronger communities that are inclusive of all. Margie and I  will enjoy travel, the arts, sports and spending time with our family, including our two grandsons.”

Reed, the 14^th secretary of state and the senior Republican statewide elected official, served as assistant secretary of state under A. Ludlow Kramer and Bruce Chapman, from 1969 to 1975.  He was appointed by Gov. Dan Evans to head the Urban Affairs Council (1967-1969) and the Constitutional Reform Commission (1975-1977) and worked on the drive to lower the state voting age from 21.  He was active in electing moderate Republicans to statewide and local office.

He was elected six times as Thurston County Auditor, serving from 1978 to 2000, when he was elected to the first of three four-year terms as secretary of state. His last re-election was in 2008, winning with over 58 percent of the vote, more than Barack Obama’s percentage in the Democratic-leaning state.

Secretary Reed served as president of the National Association of Secretaries of State in 2005 and has chaired NASS committees, including the Heritage panel and a presidential primary reform committee. He has been an election observer in Uganda and the Russian Far East, and an advisor to the U.S. Election Assistance Commission. He is a trustee of the Washington State Historical Society and the Heritage Center Trust Board, TVW Board of Directors, YMCA Youth and Government Board, and the State Capitol Committee.

Reed’s family has been in the region since territorial days. His grandfather, Sam Sumner, was Chelan County Prosecuting Attorney, a member of the state House and Republican State Chairman. His parents were heavily active in civic affairs and politics. Reed grew up in Wenatchee. His family later moved to Spokane, where he graduated from Lewis and Clark High School.  He attended Washington State University, where he earned a Bachelor’s Degree in Social Studies and a Master’s Degree in Political Science.  He attends Cougar athletic events and has the WSU fight song as the ring tone for his cell phone.

Reed has received many honors, including Governing Magazine’s national Public Official of the Year Award, the Warren G. Magnuson Award of the Municipal League of King County, honors from the Washington State Coalition of the Homeless, lifetime honors from the Thurston County Women Republicans, and Gonzaga University’s School of Law Medal for exceptional service to the law and the legal system, following his handling of the contested 2004 governor’s race.

Sam and his wife, Margie, have lived in Olympia for many years. They have two adult children, David and Kristen, and two grandsons.

The Freedom Foundation filed its lawsuit against Gov. Christine Gregoire on April 4, challenging the governor’s use of executive privilege and asking the court to rule that the privilege was not an exemption to the Public Records Act. Judge Murphy ruled that executive privilege does exist, with some limitations, but left open the question of whether or not it would apply to the documents at issue in this case. A second hearing to address this issue will be scheduled in the near future.

The Freedom Foundation discovered that Gov. Gregoire had been using executive privilege to shield documents, e-mails, drafts of questions, memos to outside agencies and various other public records that had been requested using the Public Records Act.

Gov. Gregoire based her defense of executive privilege in part on the notion that it would be a violation of the separation of powers doctrine for the Legislature or a judge to tell the governor how to disclose public records.

The Washington State Public Records Act (Chapter 42.56 RCW) mandates that all public records held by government agencies are to be available to the public, unless the record is specifically exempted from disclosure by law. In other words, unless a statutory exemption protects certain records or information, the record must be disclosed. The Foundation argued that executive privilege is not among the 300-plus recognized statutory exemptions found in the Public Records Act.

Following eight straight months of job growth, Washington employment dipped by an estimated 700 jobs in May.

The seasonally adjusted unemployment rate was estimated at 9.1 percent, down slightly from April’s revised rate of 9.2 percent.

Industries that posted gains in May were leisure and hospitality, up 3,200; professional and business services, up 900; construction, up 700; and government, up 200.

Jobs were lost in wholesale trade, down 2,100; retail trade, down 1,600; financial activities, down 900; transportation, warehousing and utilities, down 600; education and health services, down 300; and manufacturing, down 200.

Even with last month’s job losses, the state economy has added an estimated 52,400 jobs since the low point of the recession.

An estimated 306,919 people (not seasonally adjusted) in Washington were unemployed and looking for work in May, and 208,582 people received unemployment benefits from Washington.

Employment Security is a partner in the statewide WorkSource system, which offers a variety of employment and training services for job seekers, including free help with interviewing skills, résumés and job referrals. WorkSource also can help employers recruit and screen for qualified workers, apply for employment tax breaks and qualify for subsidized employee training.

Locations of local WorkSource offices are listed online at www.go2worksource.com and in the blue pages of local telephone books.
In addition, more than 26,000 job openings are posted online at www.go2worksource.com.

Full report - http://www.workforceexplorer.com/cgi/dataanalysis/?PAGEID=148

Employment Security website – www.esd.wa.gov

WorkSource website - www.go2worksource.com

Local data - https://fortress.wa.gov/esd/lmea/countydashboard/

State Superintendent Randy Dorn’s proposed legislation to delay the science assessment graduation requirement was signed into law today. Gov. Chris Gregoire signed House Bill 1410, which delays the requirement until the class of 2015.

Students in the classes of 2013 and 2014 are no longer required to pass a state science exam to be eligible to graduate. The requirement to pass science begins with next year’s 9^th graders.

House Bill 1410 allows for a smoother transition to an end-of-course biology exam from the single, comprehensive science HSPE. This is similar to the transition students saw this year to end-of-course exams in math.

“This change is all about fairness to our students and our teachers,” Dorn said. “This bill gives us time to place more focus on increased and quality science instruction in our state. If we are holding students accountable to a science graduation requirement, we need to teach it like we do reading, writing and math.

“The other important thing the bill does is that it saves us $20 million. In tough economic times, that money will help ease some of the cuts education has taken in this session.”

Dorn’s original bill requested a delay in the science graduation requirement until the class of 2017, giving the state time to add additional end-of-course exams in earth and integrated science and to examine the impending national science standards, which will be similar to the math and English language arts common core standards.

“I still don’t believe a two-year delay is enough time, but it’s a start,” Dorn said. “It gives us time to determine a next course of action. I’m concerned, just as the Legislature is, that an end-of-course biology exam will focus instruction just on biology. We want to encourage a well-rounded science education.”

The science HSPE will not be offered this summer because it is no longer a graduation requirement for the classes of 2013 and 2014. The next science testing opportunity will be in May 2012 with the end-of-course biology exam.

For more information on state testing, visit www.WAtesting.com. Also, state testing and graduation resources are available at www.k12.wa.us/Resources.

Today, the Department of Health and Human Services (HHS) announced the Federally Qualified Health Center Advanced Primary Care Practice (FQHC APCP) demonstration project, a new Affordable Care Act initiative that will pay an estimated $42 million over three years to up to 500 FQHCs to coordinate care for Medicare patients.  This demonstration project, operated by the Centers for Medicare and Medicaid Services (CMS) in partnership with the Health Resources Services Administration (HRSA), will test the effectiveness of doctors and other health professionals working in teams to improve care for up to 195,000 Medicare patients.  This initiative is part of a broader effort by the Obama Administration, made possible by the Affordable Care Act, to improve care and lower costs.

“FQHCs provide essential primary care services to seniors and others in underserved communities”, said CMS Administrator Donald Berwick. “This project will go a long way toward creating comprehensive and coordinated healthcare opportunities for the many people with Medicare who rely on FQHCs as their primary medical providers.”

The FQHC Advanced Primary Care Practice demonstration will show how the patient-centered medical home (PCMH) model can improve quality of care, promote better health, and lower costs.  Participating FQHCs are expected to achieve Level 3 PCMH recognition, help patients manage chronic conditions, as well as actively coordinate care for patients.  To help participating FQHCs make these investments in patient care and infrastructure, they will be paid a monthly care management fee for each eligible Medicare beneficiary receiving primary care services.  In return, FQHCs agree to adopt care coordination practices that are recognized by the National Committee for Quality Assurance (NCQA).  CMS and HRSA will provide technical assistance to help FQHCs achieve these goals.

“The transformation to a patient-centered medical home is designed to improve the coordination of care for Medicare beneficiaries by helping doctors and other health professionals work in teams”, said Dr. Mary Wakefield HRSA Administrator.  “FQHCs in this project can increase access to important primary care services and thus reduce the need for costly hospitalizations or emergency department visits.”

The FQHC APCP project is just one part of a wide-ranging effort by the Obama Administration to improve the quality of health care for all Americans, using important new tools provided by the Affordable Care Act.  In addition to this demonstration, the Partnership for Patients is bringing together health care providers and other key stakeholders committed to keeping patients from getting injured or sicker in the health care system and to improving transitions between care settings.  CMS will invest up to $1 billion to help drive these changes.  Also, CMS has proposed rules to allow Medicare to pay new Accountable Care Organizations (ACOs) to improve coordination of patient care that would be expected to result in better care and lower costs.

FQHCs that have provided medical services to at least 200 Medicare beneficiaries in the previous 12-month period will be invited by letter to apply to participate in the demonstration.  Applications for the project will be accepted from June 6, 2011 through August 12, 2011, and the demonstration will be conducted September 1, 2011 through August 31, 2014.

Details about the demonstration and the application process can be found on the CMS web site at: www.cms.gov/DemoProjectsEvalRpts/MD/ and linking to the demonstration web page or by visiting the CMS Innovation Center website at http://innovations.cms.gov/

Questions about this CMS demonstration should be directed to: fqhc_med_home@cms.hhs.gov

When the Affordable Care Act is fully implemented in 2014, Health Insurance Exchanges will provide individuals and small businesses with a “one-stop shop” to find and compare affordable, high-quality, private health insurance options, the same options that members of Congress will have.

“I am pleased to announce today that Washington has taken an important step in providing a better insurance marketplace for Washingtonians,” said Berwick. “The Exchange Establishment grant announced today will help ensure Washington has the resources and the flexibility it needs to establish an Exchange, and ensure Washington’s families are no longer on their own when shopping for insurance.”

Exchanges will bring new transparency to the market so that consumers will be able to compare private health insurance plans based on price and quality. By increasing competition among insurance companies and allowing individuals and small businesses to band together to purchase insurance, Exchanges will help lower costs.

Washington applied for a one-year grant that is designed for States making step-by-step progress on their Exchange. Moving forward, States will have multiple opportunities to apply for funding as they build their Exchanges. This process provides maximum flexibility and ensures that States can move forward on their own timetables.

The funding of $22,942,671 will be provided to the Washington State Health Care Authority (HCA), the state agency that oversees state health care programs in the State of Washington, to further its planning, development and design of Washington’s Exchange.

This funding will allow HCA to develop options and recommendations on policy decisions that will have a significant impact on the Exchange. It will also provide funds to build a detailed and comprehensive operational plan to create a structured entity capable of meeting business functions of the Exchange.

A substantial portion of the requested funding will be used to develop an IT system that facilitates critical Exchange functions, such as eligibility, enrollment, and information transfers among individuals, employers, insurance carriers, and state and federal government agencies.

Similar grants were awarded today to Indiana and Rhode Island. The Department of Health and Human Services anticipates awarding additional grants to States in the weeks and months ahead. Applications for Exchange Establishment Grants will be taken on a quarterly basis, with the next deadline being June 30th, 2011 and the last deadline being June 29, 2012.

The Exchange Establishment funding announcement can be found at www.Grants.gov by searching for CFDA number 93.525. More information can be found at www.HealthCare.gov/news/factsheets.

Washington state has suspended its 2012 presidential primary in order to save taxpayers over $10 million.  The state’s regular Top 2 primary in August is unaffected.

Legislation requested by Secretary of State Sam Reed, a Republican, and Gov. Chris Gregoire, a Democrat, was signed by the governor on Thursday despite their continuing support for the presidential primary as the preferred method of engaging the electorate in picking presidential favorites.  At a sober bill-signing ceremony, both the Governor and Secretary made it clear that they proposed the measure, Senate Bill 2119, only because of the state’s dire financial straits.

The state will use the precinct caucus and convention system to choose national convention delegates. Caucuses are neighborhood gatherings sponsored by the Democratic and Republican parties.  The caucuses gauge the support for each presidential candidate, and those proportions are used to allocate delegates to county, legislative, congressional and state conventions, where national convention delegates are eventually chosen.  The gatherings also deal with party platforms and other internal matters.

Reed said cancelling – he prefers the phrase “suspending” – the presidential primary was something he had never envisioned supporting, let alone proposing to the Legislature and Governor.

“We absolutely prefer the presidential primary to the old caucus system,” he said. “In any other year, we’d be the last people to suggest not holding the 2012 primary. I actually fought a similar move in 2004.

“But $10 million is a lot of money when the budget gap is $5 billion and there are so many needs out there, and the voters have compelled Olympia to solve the crisis without new taxes.”  Both houses already have passed budget drafts that book the savings.

Reed, the state’s chief elections officer, said ordinarily he would vastly prefer the presidential primary, because it involves many more voters than the caucuses, which tend to attract a more activist crowd.

“The presidential primary IS much more popular with the people of Washington.  In 2008, for example, less than 100,000 people attended caucuses, even with all the interest in both parties for a wide-open White House. By contrast, 1.4 million voters participated in the presidential primary – more than 10 times as many as the caucuses.

“Former Secretary Ralph Munro used to say more people go to the Seattle Boat Show than go to caucuses!  (The primary was enacted as a people’s initiative to the Legislature in 1989 after reformers in both parties got tired of fringe candidates taking over the caucuses.)

“It’s also true that caucuses aren’t everyone’s cup of tea – arguing with your neighbors … over politics, no less.  And some voters can’t attend their caucuses – they may be stationed overseas in the military or out of town that day, or house-bound, or working at their job…   Now that we’re all voting by mail, the presidential primary ballot is in the hands of over 3 million voters for nearly three weeks.  It’s very convenient. It’s for the general public, not just the party activists.

“But, again, times are very, very tough – the worst in 80 years. So Governor Gregoire and I joined to advocate a ONE-TIME-ONLY suspension of the presidential primary.  And when we resume in 2016, we hope to persuade the political parties to 100 percent use the primary results to allocate the national convention delegates.  That has not been required and Democrats have never used the primary to allocate delegates and Republicans only about half.”

Reed also stressed that suspending the presidential primary in no way affects our regular state primary, which we’ll have each year in August.

“When some folks hear that we’re suspending the presidential primary, they somehow don’t hear the `presidential’ part and worry that we have cancelled the entire state primary. That, of course, isn’t so. We will have a Top 2 primary this August and again every August in the future.”

The Washington Attorney General’s Office took issue with the allegations and helped negotiate a nationwide settlement between attorneys general and the liquidating trustee. Among the agreement’s terms is a requirement that negative information be removed from consumers’ credit reports.

“Collection laws require that consumers have a chance to pay or dispute their debts,” said Assistant Attorney General Mary Lobdell, who helped lead the multistate investigation and settlement negotiations. “But starting in October, we received a flurry of complaints from Washington residents who told us they didn’t owe the fees or were never informed of these debts before they were reported to the credit bureaus.”

Complaints to the Washington Attorney General’s Office show that a young woman was turned down for her first credit card because of the negative mark. A man said his credit card limit was slashed from $8,700 to just $600. And yet another consumer blamed the late charge from preventing him from obtaining a mortgage.

The problems started after Hollywood Video and Movie Gallery filed for Chapter 11 bankruptcy in 2010. Hollywood’s approved plan created a liquidating trust to collect an estimated $244 million in outstanding debts reportedly owed by 3.3 million customers. The trust contacted with Credit Control Services, Inc. in Massachusetts, which subcontracted to National Credit Solutions of Oklahoma.

The agreement was filed in the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division. Under the settlement, the trustee agreed to:

• Rescind all negative information submitted to any credit agency or bureau related to the accounts of customers in participating states. Additionally, no further credit reports will be submitted.
• Not collect any fees or interest charges that were added to the principal debt amount.
• Not bill customers for both a late fee and the full price of items that were supposedly not returned. For accounts that include both a late fee and a charge for a damaged, late, or never-returned product, the collection agency will only pursue the lesser charge.
• Comply with the Fair Debt Collection Practices Act.
• Assist the attorneys general in any effort to recover collection fees that were improperly paid by customers.

Attorneys general for the following states and the District of Columbia participated in the settlement: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

DOCUMENT: Draft Movie Gallery Stipulation and Order as submitted to the court

The order stems from the company’s failure to honor long-term care coverage that lapsed after a senior citizen with dementia failed to make her payments. In such situations, state law allows the consumers to reinstate coverage within five months of the policy’s lapse.

“Situations like this are exactly why we have this law,” said Kreidler. “It protects people who, through no fault of their own, have lost the ability to keep up with their financial records.”

The suspension does not affect the company’s duties under current policies. The company can also continue to renew existing policies.

In this case, the company on March 20, 2009 sent the woman a notice of non-payment, warning that her policy would lapse unless paid within the next 35 days.

When her daughter called the company about a claim on Aug. 4, 2009 – well within the five-month period – the company failed to tell her that the policy had lapsed. The daughter didn’t learn of the lapsed policy until she checked her mother’s mail in September. This was still well within the five-month period.

Nonetheless, the company refused to reinstate the coverage. It contended that the five-month window started the day the premium was due, not at the end of the 35-day period mentioned in its March 20 letter.

Also Wednesday, Kreidler issued a cease-and-desist order telling the company to stop violating state law in such cases. He is also imposing a $10,000 fine on the company.

The company has the right to demand a hearing.

Washingtonians with insurance questions or complaints can contact the insurance commissioner’s office for free help at 1-800-562-6900 or AskMike@oic.wa.gov. Insurance tips and enforcement information on companies and agents are posted at www.insurance.wa.gov.

Both orders will be posted online shortly at http://www.insurance.wa.gov/orders/enforcement.asp.

Washington lawmakers have approved a plan sponsored by Secretary of State Sam Reed and Gov.  Chris Gregoire to suspend the 2012 presidential primary, to save over $10 million.

The state will use the Iowa-style precinct caucus-convention process as the fallback system, and will return to conducting the more broadly based presidential primary in 2016.

The House voted 69-28 on Tuesday in support of the Senate-passed plan, SB5119, which was forwarded to the Governor for her signature.  The Senate vote earlier in April was 34-15.  A number of lawmakers on both sides of the vote said they vastly favor the primary over the old caucus system that draws many fewer participants and excludes overseas voters, including the military, and house-bound people or those who are working during caucus time.

Sen. Craig Pridemore, D-Vancouver, the prime sponsor, called it “a difficult decision we have to make during a difficult economic climate.”

Secretary Reed agreed:

“We absolutely prefer the presidential primary to the old caucus system.  In any other year, we’d be the LAST people to suggest not holding the 2012 presidential primary.  But $10 million is a lot of money when the budget gap is $5 billion and there are so many needs out there, and the voters have compelled Olympia to solve the crisis without new taxes.”

The Secretary noted that the primary was created by a citizen initiative to the Legislature in 1989 and draws more than 10 times the turnout of the caucuses — 1.4 million versus less than 100,000 in 2008, for instance.

“It’s also true that caucuses aren’t everyone’s cup of tea – arguing with your neighbors … over politics, no less.  And some voters can’t attend their caucuses – they may be stationed overseas in the military or out of town that day, or house-bound, or working at their job…   Now that we’re all voting by mail, the presidential primary ballot is in the hands of over 3 million voters for nearly three weeks.  It’s very convenient. It’s for the general public, not just the party activists.

“But, again, times are very, very tough – the worst in 80 years. So Governor Gregoire and I joined to advocate a ONE-TIME-ONLY suspension of the presidential primary.”

Reed hailed the Legislature’s strong vote on the bill, and commiserated with those who wish that it weren’t necessary. He said when the presidential primary is resumed in 2016, he hopes to see a requirement that the two political parties use the results 100 percent for allocating delegates.  Democrats have never used the results and Republicans typically have allocated half of their national convention delegates through caucuses and half through the primary.

The caucus process involves neighborhood gatherings where participants sign in for a particular candidate. The candidates’ relative strength then is reflected in elections to county/legislative district gatherings and congressional district and state conventions.  Caucus strength sets the general proportion of delegates. Caucuses also include platform discussion and usually last an hour or more.

The presidential primary, conducted by mail over almost a three-week period, has allowed voters to select one party’s ballot and choose their favorite nominee for the White House.

Reed reminded voters that today’s action in no way affects the regular Top 2 state primary in August. Beginning next year, that primary will be held two weeks earlier, the first Tuesday in August, under terms of legislation passed recently. The same bill also allows electronic return of voted-ballots from our military and overseas voters.

The Washington Attorney General’s Office cautions homeowners about paying to participate in a “mass joinder” lawsuit promising mortgage relief.

The lawyers and marketers pushing these suits charge upfront fees and frequently promise results. In reality, litigation is time-consuming and even a qualified attorney can’t guarantee the outcome of a case. Moreover, representatives of a legitimate class-action suit would not ask for money to join.

Homeowners should be especially skeptical of solicitations from out-of-state firms, which may not be familiar with Washington law or licensed to provide legal services in this state.

The Federal Trade Commission recently banned mortgage relief companies from collecting fees until homeowners have received an acceptable written offer from a lender or servicer. Attorneys are generally exempted from the rule but are required to place any fees they collect in a client trust account and abide by state laws and regulations covering such accounts.

The Attorney General’s Office is also seeing companies pushing forensic mortgage loan audits and services with titles like “pre-litigation monetary claims program.” So-called loan auditors, often backed by attorneys, offer to review your loan documents to determine whether your lender complied with state and federal laws. They claim they can use the audit report to avoid foreclosure, accelerate the loan modification process or reduce your loan principal.

The Federal Trade Commission warns that there is no evidence that forensics loan audits will help a homeowner obtain a loan modification or other foreclosure relief, even if the audit is conducted by a licensed, legitimate and trained auditor, mortgage professional or lawyer.

The FTC also notes that some federal laws allow you to sue your lender based on errors in your loan documents. But even if you sue and win, your lender is not required to modify your loan simply to make your payments more affordable.

RESOURCES:

· If you are facing foreclosure or can’t pay your mortgage, contact the Washington State Homeownership Information Hotline at 1-877-894-HOME (4663). The hotline can refer you to a free, state-approved housing counselor.

· If you believe unlawful activity has occurred in regard to your mortgage, you should speak with an attorney. A homeowner may file a suit to challenge a foreclosure, but they must do so prior to the foreclosure sale.

· If you are unable to afford a lawyer, contact the Washington State Homeownership Information Hotline at 1-877-894-4663 (HOME) for referral to the Washington State Bar Association’s Home Foreclosure Legal Aid Project.

· The Attorney General’s Office cannot stop a foreclosure or provide individuals with legal advice, as the office is barred by law from representing private citizens.

· Homeowners should read the Washington Foreclosure Prevention Resources Guide, provided by the Seattle-King County Asset Building Collaborative Foreclosure Prevention Team and recommended by the Attorney General’s Office and the Washington State Department of Financial Institutions.

· Additional resources can be found at www.atg.wa.gov/foreclosure.aspx.

On April 27-29, U.S. Commerce Secretary Gary Locke will lead a congressional delegation to Korea to build support for the passage of the U.S.-Korea Trade Agreement (KORUS).  The passage of KORUS is an important part of President Obama’s National Export Initiative and his vision for the United States to out-innovate, out-educate and out-build its global competition and win the future.

“In completing KORUS, President Obama lived up to his commitment to achieve the best deal possible for American businesses and its workers.  It’s also a good deal for Korea as we strengthen our economic relationship.” Locke said. “On this trip, our delegation looks forward to gaining a first-hand understanding of how U.S. exports of goods and services will benefit from the market opening provisions of KORUS, which will translate into more jobs in America.”

The delegation consists of five members from the U.S. House of Representatives – Rep. Charles Rangel (D-NY), Rep. Jim McDermott (D-WA), Rep. Joseph Crowley (D-NY), Rep. David Reichert (R-WA), and Rep. Gary Peters (D-MI) – and other Commerce Department officials.  On this fact-finding mission, these congressional members, four of whom sit on the House Ways and Means Committee, which has jurisdiction over trade agreement approval, will have an opportunity to see first-hand how KORUS will help create jobs here at home and spur economic growth in both the U.S. and Korea.

During this visit, the delegation will be holding meetings with several high-level Korean officials and tour businesses to learn about how American firms would benefit from a closer U.S.-Korea trading relationship.  The information gathered on this trip will help delegation members effectively communicate the value and importance of KORUS to other congressional members and the American public.

KORUS is the United States’ most commercially significant trade agreement in more than 16 years.  Korea is the United States’ 7^th largest trading partner, and U.S. goods exports to Korea through February 2011 jumped 10.9 percent compared to the same period in 2010.   According to U.S. International Trade Commission estimates, the reduction of Korean tariffs and tariff-rate quotas under KORUS on goods alone would add $10 billion to $12 billion to annual U.S. GDP.  By expanding access to Korea, the 12^th largest economy in the world, the agreement will support tens of thousands of American jobs, open Korea’s $580 billion services market to American companies, eliminate Korean tariffs on 95 percent of U.S. exports of industrial and consumer goods within five years, and immediately eliminate Korean tariffs on over two-thirds of U.S. agricultural exports.

Six months into its investigation into unlawful business practices by foreclosure trustees, the Washington Attorney General’s Office announced that it has uncovered an additional widespread problem that jeopardizes homeowners’ chances of stopping a foreclosure.

“Foreclosures run on strict timelines and homeowners need a human who they can talk with face to face when there’s a problem,” Attorney General Rob McKenna said. “They need an office where they can make last-minute payments or show documents that may prove reasons for stopping forced sales.”

“Washington law requires that foreclosure trustees maintain actual offices in our state and  local phone numbers for this reason,” he continued. “But our investigation shows that some of the largest trustees are not in compliance and borrowers who have a legitimate reason to stop a foreclosure are having trouble reaching trustees.”

McKenna said his office’s Consumer Protection Division is contacting a handful of trustees believed to be violating the law. The office isn’t naming those trustees at this time, but said they are processing large volumes of foreclosures in Washington. In addition, the office sent a letter today to all trustees operating in the state that notifies them of their obligations.

The state’s Deed of Trust statute was amended in 2008 to ensure that trustees are knowledgeable about Washington law and that they are available for last-minute payoffs when homeowners are trying to catch up on their mortgages or have a legitimate reason to stop a sale. Having an agent in Washington State isn’t sufficient; the law also requires that the trustee itself maintain an office with a phone where homeowners can go to resolve their foreclosure issues.

The investigation is being conducted solely by the Washington Attorney General’s Office, which is also a participant in the multistate investigation by attorneys general into abuses in the mortgage servicing industry.

McKenna sent a letter to trustees in October 2010, announcing its concerns about inaccurate documents, conflicts-of-interest, faulty chains of title and failure to provide disclosures and conduct mediation. The letter called on trustees to suspend any questionable foreclosures.

Since then, the office has requested and received documents from several trustees. Attorneys are reviewing the information they have received so far and are waiting for documents from other companies.

McKenna said homeowners who believe they have a legitimate reason to stop a foreclosure should contact their trustee immediately, preferably with the advice of a housing counselor or an attorney. Foreclosure trustees have the power to postpone a foreclosure sale whenever they think it is advantageous.  Some possible reasons for stopping a foreclosure include: a mortgage servicer failed to credit payments, the homeowner never received notice of the foreclosure, one division of the mortgage servicer promised a loan modification while the other started the foreclosure process, the homeowner has a genuine contract to sell his home but the servicer will not respond to the sales offer.

A homeowner who is unable to find a local address or phone number for their trustee should file a complaint with the Attorney General’s Office online at http://atg.wa.gov/FileAComplaint.aspx.

However, this will not stop a foreclosure sale.  Homeowners should also contact a housing counselor or an attorney.

Washington is a “non-judicial foreclosure” state, which means that a lender can proceed directly to selling a home at public auction without first filing a lawsuit. This process was created by the state Legislature. Although lenders may foreclose in court in Washington, they almost always choose non-judicial foreclosures.

If a trustee is unwilling to stop a foreclosure, then the homeowner must file a lawsuit under the Deed of Trust Act and obtain a court order before the sale. Bankruptcy may stop or delay a foreclosure but it may also put the homeowner in a worse position. Legal representation is essential to a successful case, McKenna said.

BORROWER RESOURCES:

· If you believe unlawful activity has occurred in regard to your mortgage, you should speak with an attorney. A homeowner may file a suit to challenge a foreclosure, but they must do so prior to the foreclosure sale.

· If you are unable to afford a lawyer, you should contact the Washington State Homeownership Information Hotline at 1-877-894-4663 (HOME) for referral to the Home Foreclosure Legal Aid Project. The hotline can also refer to you to a free, state-approved housing counselor.

· The Attorney General’s Office cannot stop a foreclosure or provide individuals with legal advice, as the office is barred by law from representing private citizens.

· Homeowners should read the Washington Foreclosure Prevention Resources Guide, provided by the Seattle-King County Asset Building Collaborative Foreclosure Prevention Team and recommended by the Attorney General’s Office and the Washington State Department of Financial Institutions.

· Additional resources can be found at www.atg.wa.gov/foreclosure.aspx.

As a result of the incident with the Fukushima nuclear plant in Japan, several EPA air monitors have detected very low levels of radioactive material in the United States consistent with estimates from the damaged nuclear reactors. These detections were expected and the levels detected are far below levels of public-health concern.

Elevated levels of radioactive material in rainwater have been expected as a result of the nuclear incident after the events in Japan since radiation is known to travel in the atmosphere – precipitation samples collected by EPA in the states of California, Idaho and Minnesota have seen very slightly elevated levels of radiation.

In addition to iodine-131, EPA monitors have also identified trace amounts of other isotopes, which we expected to see because they are consistent with releases from the damaged Japanese nuclear reactors.

To see results from these precipitation samples visit www.epa.gov/

The state added an estimated 11,000 jobs in January on a seasonally adjusted basis. It’s the largest monthly gain since November 2007, the month before the national recession began.

“It’s unusual to have job gains in the middle of winter, so this is another positive sign that the recovery is under way,” said Employment Security Commissioner Paul Trause.

Industries that added jobs in January were professional and business services, up 5,600; education and health services, up 4,500; retail trade, up 1,500; leisure and hospitality, up 1,300; financial activities, up 1,200; transportation, warehousing and utilities, up 800; and mining and logging, up 100.

Jobs were lost in construction, down 1,500; manufacturing, down 700; information, down 600; government, down 600; other services, down 500; and wholesale trade, down 100.

Since the beginning of 2010, Washington has added an estimated 20,500 jobs.

An estimated 338,905 people (not seasonally adjusted) in Washington were unemployed and looking for work, and 245,225 people received unemployment benefits from Washington in December.

Employment Security is a partner in the statewide WorkSource system, which offers a variety of employment and training services for job seekers, including free help with interviewing skills, résumés and job referrals. WorkSource also can help employers recruit and screen for qualified workers, apply for employment tax breaks and qualify for subsidized employee training.

Locations of local WorkSource offices are listed online at www.go2worksource.com. Assistance also is available by phone at 877-872-5627.
In addition, more than 16,000 job openings are posted online at www.go2worksource.com.

The U.S. Supreme Court today rejected a challenge of Washington’s campaign disclosure law.  The case was handled by Attorney General Rob McKenna’s office, defending the Public Disclosure Commission in the challenge brought by Human Life of Washington. The organization challenged the state’s requirement for disclosure of donors of over $25 for or against ballot propositions – in their case, opposing Governor Gardner’s successful initiative on assisted suicide/”death with dignity” in 2008. The 9^th Circuit Court of Appeals had also sided with the state’s position.

Secretary of State Sam Reed hailed today’s development.

“We in Washington have long valued transparency in our elections process, and we welcome the Supreme Court and the federal judiciary upholding our sensible requirements that allow us to know who is participating in our campaigns.  This does not violate the First Amendment rights of individuals or groups, but rather provides us all with useful information as we make important ballot-box decisions.

“The voters of Washington approved open public records and full campaign finance disclosure almost 30 years ago, as Initiative 276, and `sunshine’ in government and in our elections is part of our culture in this state.”

“It’s time to ask what happens to the bytes and bits of information we send over our computers and mobile phones, and to recognize that our online communications can increase our risk of financial or other harm,” McKenna said.

McKenna further commented on the issue of privacy in the era of social media in a post available on the Attorney General’s Office Facebook page at http://www.facebook.com/WAStateAttorneyGeneral.

Here are three steps you can take now to help ensure that you don’t unintentionally compromise your personal information:

1. Know your privacy settings.

A recent industry study found that 21 percent of adult social network users are leaving their profiles open for anyone to see. That’s about 24 million Americans.

The same study found that 70 million people have shared their birthplace on social networking sites and 20 million provided their pet’s name. Those are the same details that people are often asked to provide to verify their identity when setting up bank accounts, , and not information you want to share outside of your circle of friends and family.

If you post vacation updates on an open site or “check in” when you’re out and about, you’re telling the world – and possibly a burglar – that your home is vacant. There’s also your reputation to consider. Other research shows 70 percent of human resources professionals have rejected a candidate based on what they found out about the person by searching online.

As part of Data Privacy Day, Facebook is reminding its users that they have control over their privacy settings, found both at the bottom of every Facebook page and in your account settings. With just a few clicks, you can adjust the type of information that strangers, application developers and friends can access, as well as control the information they can share about you.

2. Configure your wireless router to encrypt data.

Wireless Internet access is convenient. But you need to activate your router’s encryption feature to better ensure information you transmit over the Web – such as account logins, passwords and credit card numbers — are scrambled.

Read the instructions that come with your wireless router to determine how to turn on the encryption feature. Two main types of encryption are available: WiFi Protected Access (WPA) and Wired Equivalent Privacy (WEP). Your computer, router, and other equipment must use the same encryption. WPA2 is strongest; use it if you have a choice.

Change your router’s hardware identifier and preset password so a hacker can’t use the defaults to try to access your network.

Of course, you should also use anti-virus and anti-spyware software and a firewall. For help configuring your router, visit www.onguardonline.gov/topics/wireless-security.aspx.

3. Don’t assume that public “hot spots” are secure.

Café, hotel and airport “hot spots” are convenient, but assume that other people can see anything you see or send over a public wireless network.

PRIVACY RESOURCES:

· Web Wise Washington, created by the Washington Attorney General’s Office and LookBothWays, provides a wealth of information to help adults, teens and seniors stay safe online: www.webwisewashington.com

· OnGuard Online provides practical tips from federal government agencies and technology experts: www.onguardonline.gov

· Facebook’s privacy guide: www.facebook.com/privacy

· Data Privacy Day site: www.dataprivacyday2011.org

· The Online Trust Alliance’s updated planning guide to help businesses protect data and prepare for potential breaches: https://otalliance.org/resources/Incident.html

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A 23 year-old Federal Way man is missing after the row boat he was in took on water and capsized about 1:10 AM this morning in Star Lake near Federal Way.  His two companions, a man and woman both 21 years old, were able to swim to shore and were uninjured.

The incident began when the three rowed across the lake to the Star Lake Tavern in a small boat.  As they were rowing back to the home where the woman lived, the bow of the boat went under water, and the boat began to sink.

All started swimming for shore but the 23 year-old didn’t make it.

Divers from the Sheriff’s Office responded to the scene.  At least one homeowner searched the lake with their personal boat as well, but no trace of the missing man was found.  The search was called off about 4:00 AM and was to resume at daybreak.

Sponsors of a measure to legalize use of marijuana by adults 18 and older filed their initiative at the Secretary of State’s Office at the Capitol on Wednesday.  The plan, similar to an initiative that failed to qualify for the ballot last year, includes a new provision for the state Legislature to adopt civil regulations on marijuana use, sales and possibly taxation.

Sponsors, a coalition called Sensible Washington, said this year’s campaign is getting an earlier start than in 2010, when advocates were waiting to see if a decriminalization bill would clear the Legislature, which at the time had heavy Democratic majorities.  Contacts are Douglas Hiatt, 206-412-8807, and Philip Dawdy, 206-694-3948.

To secure a place on the statewide November ballot, sponsors need to submit 241,153 valid signatures of registered Washington voters by  July 8.  The state Elections Division is recommending that all sponsors turn in at least 320,000 signatures, to cover invalid signatures, which typically run about 18 percent.

Job numbers and the unemployment rate are derived from separate surveys. Due to margins of error, the surveys sometimes generate conflicting results.

Industries that added jobs last month included manufacturing, up 1,400; retail trade, up 1,300; professional and business services, up 800; education and health services, up 400; transportation, warehousing and utilities, up 300; wholesale trade, up 200; and leisure and hospitality, up 200.

Jobs were lost in financial activities, down 900; construction, down 900; mining and logging, down 200; other services, down 200; government, down 200; and information, down 100.

An estimated 324,270 people (not seasonally adjusted) in Washington were unemployed and looking for work, and 245,225 people received unemployment benefits from Washington in December.

For all of 2010, Washington added 11,800 private-sector jobs. Factoring in a substantial loss of government jobs, there was an estimated net gain of 8,000 jobs during the past 12 months.

Employment Security is a partner in the statewide WorkSource system, which offers a variety of employment and training services for job seekers, including free help with interviewing skills, résumés and job referrals. WorkSource also can help employers recruit and screen for qualified workers, apply for employment tax breaks and qualify for subsidized employee training.

Locations of local WorkSource offices are listed online at www.go2worksource.com.  Assistance also is available by phone at 877-872-5627.
In addition, more than 16,000 job openings are posted online at www.go2worksource.com.

Full report - http://www.workforceexplorer.com/cgi/dataanalysis/?PAGEID=148

Employment Security website – www.esd.wa.gov

WorkSource website - www.go2worksource.com

Local data – https://fortress.wa.gov/esd/lmea/countydashboard/

Broadcast version

Washington’s economy closed out 2010 by adding twenty-one-hundred jobs in December, and the jobless rate increased slightly from nine-point-two percent to an estimated nine-point-three percent.

Manufacturing and retail services gained the most jobs in December, while construction and financial activities lost the most.

For all of 2010, Washington added eleven-thousand-eight-hundred private-sector jobs. Factoring in a substantial loss of government jobs, there was an estimated net gain of eight-thousand jobs during the past 12 months.

“The conditions of this settlement are ones which can enhance competition and ensure continued consumer access to a wide array of online video options,” Attorney General Rob McKenna said. “Comcast and NBC Universal have expressed a commitment to providing consumer benefits with this proposed merger, and this agreement should help us realize those benefits.”

Since Comcast announced the deal in late 2009, the Washington Attorney General’s Antitrust Division had been monitoring the DOJ investigation while also conducting its own, parallel investigation concerning how the deal could impact consumers and competition.

Today’s consent decree requires a merged Comcast/NBC to make content available to competing online providers and requires arbitration to resolve any pricing disputes that may arise.

NBC will be required to relinquish all of its management rights in connection with Hulu.com, but will maintain its equity in the popular video Web site. This arrangement means that consumers will be able to continue to view NBC content at Hulu.com, along with programming from other participating networks and providers.

Additionally, the agreement prohibits Comcast from retaliating against content providers who sell to other traditional or online distributors, from entering into exclusive agreements that would allow only certain companies to have access to programming on specific terms, and from slowing broadband signals when customers view non-Comcast content.

The provisions required under the consent decree are effective for seven years.

The Federal Communications Commission, also charged with reviewing the merger, voted 4-to-1 Tuesday to approve the deal. The commission’s decision imposes conditions.

Documents will be posted online at www.atg.wa.gov.

Click on the map to see the entire graphic.

States with net gain in congressional seats:

Texas, plus 4 (from 32 to 36)

Florida, plus 2 (from 25 to 27)

Arizona, plus 1 (from 8 to 9)

Georgia, plus 1 (from 13 to 14)

Nevada, plus 1 (from 3 to 4)

South Carolina, plus 1 (from 6 to 7)

Utah, plus 1 (from 3 to 4)

Washington, plus 1 (from 9 to 10)

States with net loss in congressional seats:

New York, minus 2 (from 29 to 27)

Ohio, minus 2 (from 18 to 16)

Illinois, minus 1 (from 19 to 18)

Iowa, minus 1 (from 5 to 4)

Louisiana, minus 1 (from 7 to 6)

Massachusetts, minus 1 (from 10 to 9)

Michigan, minus 1 (from 15 to 14)

Missouri, minus 1 (from 9 to

New Jersey, minus 1 (from 13 to 12)

Pennsylvania, minus 1 (from 19 to 18)

“This is welcome news for unemployed workers who are having a hard time finding a job,” said Joel Sacks, deputy commissioner for the Employment Security Department.  “We need to keep a safety net in place until the economy gathers more steam.”

For the past year, eligible jobless workers could receive up to 99 weeks of unemployment benefits, collected in this order: up to 26 weeks of regular benefits, up to 53 weeks of emergency unemployment compensation (EUC) and up to 20 weeks of extended benefits.

Today’s action extends the EUC program, but does not expand the total weeks available.  Therefore, people who have already collected all of their EUC benefits are not eligible for these additional benefits.

Depending on where individuals are in their claims cycle, they will fall primarily into two categories – those who are eligible for more benefits and those who are not.

Eligible for more benefits
When the EUC program lapsed at the end of November, individuals in tiers 1, 2 or 3 of the four-tiered EUC program could not advance to the next tier (e.g., could not move from tier 1 to tier 2), thereby losing access to the balance of their EUC benefits.

Also, individuals who ran out of regular benefits after November could not enter the EUC program, thus limiting them to up to 46 weeks of benefits.

Under the new EUC extension, unemployed workers approved for regular state benefits or EUC tiers 1, 2 or 3 may claim their full entitlement of EUC benefits. Currently, about 300,000 people in Washington fall into these categories.

These people will automatically move to the next tier of benefits and do not need to call Employment Security. Claimants who believe they have EUC benefits remaining but stopped claiming must call the EUC triage unit at 877-558-8509 to reopen their claims.

Not eligible for more benefits
Under the new legislation, the EUC program remains at a maximum of 53 weeks. Therefore, people in tier 4 of the EUC program, as well as those collecting “extended benefits” and those who have used up all of their benefits, are not eligible for additional benefits.

Web links

Employment Security – www.esd.wa.gov

Emergency unemployment benefits reauthorized by Congress

DIRECTV – which generated more complaints to the Washington Attorney General’s Office in recent years than any other business – will pay more than $1 million to resolve a landmark lawsuit brought by the state on behalf of consumers.

Washington became the first state to sue DIRECTV, the nation’s largest satellite television company, over allegations of unfair business practices a year ago this week.

About 2,000 Washington residents have complained to the Attorney General’s Office about DIRECTV, which was accused of “unconscionable” sales practices in the lawsuit. Now those consumers can find some relief under a settlement to be filed Thursday in King County Superior Court. Meanwhile, a group of other attorneys general reached a separate settlement with DIRECTV that extends similar protections for residents of those states.

“Under our settlement, DIRECTV agrees to disclosures that will help consumers know exactly what they’re signing up for so that there are no painful surprises,” said Attorney General Rob McKenna. He praised the Consumer Protection Division and Senior Counsel Paula Selis, the assistant attorney general who lead the litigation and settlement negotiations, for their work.

The California-based company agreed to resolve customer complaints, including providing refunds if needed, and to include new disclosures in its advertisements and when customers sign up for service. DIRECTV will pay $1 million to reimburse the Attorney General’s Office for investigative costs and attorneys’ fees. The settlement does not require proof or admission of wrongdoing.

“The resolution of this case is a victory for consumers,” Selis said. “They will no longer have to search through miniscule disclosures to understand the terms of DirecTV’s offers, and will know that low introductory prices come with significant costs and a two-year commitment.”

Selis said a key issue was DIRECTV’s requirement that new customers to commit to a two-year equipment lease and programming contract. The state’s suit alleged the contracts included numerous, sometimes undisclosed fees. The state also alleged that the company automatically renewed annual sports programming without adequate disclosures, failed to tell consumers they would be billed at the conclusion of “free trials” of special movie channels, and unfairly extended the terms of consumers’ contracts when DIRECTV repaired broken equipment.

Consumers often weren’t aware of the terms or that DIRECTV would charge them up to $480 if they canceled before the end of the first two years. Even some customers who weren’t able to use the service because of reception problems or faulty equipment were charged penalties, Selis said.

Rebates were another problem. In order to obtain a promotional rate, customers had to affirmatively request a rebate. Customers who submitted the rebate form after installation could be charged full price for their service for up to two months. Those who failed to request the rebate within 60 days of an order were charged the full price indefinitely – even if DIRECTV failed to adequately inform them of the need to submit the form, the state’s suit alleged.

The settlement addresses a number of issues of concern to consumers and the Attorney General’s Office, including:

· CANCELLATION FEES: DIRECTV will not impose a cancellation fee on a consumer who ends service because of a recurring problem that can’t be fixed.

· ADVERTISING AND SALES DISCLOSURES: The company must clearly disclose all material terms in its advertisements and prior to any sale. The disclosures must include the cost of the service, the contract length, additional charges for HD or DVR equipment, cancellation penalties, whether a promotional price is conditional on a rebate, whether an offer requires a particular payment, and other pertinent details. Extremely important disclosures, such as the requirement for a rebate, the required term of the consumer’s commitment and the period the promotional price will be charged, must be disclosed in direct proximity to the price itself.

· CONTRACT CHANGES: DIRECTV can’t require consumers to enter into a new or extended contract when simply replacing or repairing defective equipment. If a service upgrade or other change by a consumer requires a new or additional term of commitment, DIRECTV must first obtain the consumer’s consent to enter into a new or extended contract. The company must give consumers at least 30 days notice prior to automatically renewing any seasonally provided sports package

· CONTRACT EXTENSIONS: The settlement requires the company to obtain a customer’s express consent to the new or additional term.

· PROGRAMMING LIMITATIONS: The company must disclose all limitations on the availability of sports programming and local channels.

· REBATES and PROMO OFFERS: Under the settlement, DIRECTV must disclose whether a rebate is required to obtain the promotional price. If the consumer’s first bill does not reflect the price agreed to at the time of sale, DIRECTV must either provide that price or cancel the contract without penalty, if requested. If the price discrepancy is due to the consumer’s failure to obtain the rebate price, DIRECTV must facilitate the rebate. Additionally, the company can’t represent that a consumer will receive “cash back” as part of a promotion, when the consumer actually will receive a bill credit.

· FINANCING: DIRECTV allegedly failed to disclose that the company’s least expensive package of $29.99 per month is only available to customers who meet certain financing conditions and agree to have the costs automatically charged or debited to them. The settlement requires ads to disclose if an offer is contingent on a consumer’s creditworthiness.

· RETENTION OF FUNDS: Prior to selling programming, DIRECTV asks for a customer’s Social Security number in order to perform a credit check. Customers who refuse to provide the number or whose credit is deemed insufficient are required to pay $200-$300 to obtain service. Under the settlement, DIRECTV must disclose whether the payment is fully or partially refundable, the conditions the consumer must meet to obtain a refund, and the period of time in which DIRECTV must refund the payment if all conditions for the refund are met.

To ensure compliance with the settlement, DIRECTV will train its third-party retailers to comply with the terms of the agreement and monitor their sales activities. The company will also maintain all consumer complaints for three years. Failure to comply with the settlement would trigger civil penalties of up to $25,000 according to Washington’s law.

CONSUMER REFUNDS:

Under the settlement, DIRECTV agrees to resolve complaints from Washington residents. Consumers are eligible for restitution or other appropriate relief if their complaint concerns conduct addressed by the settlement that occurred since Jan. 1, 2007, and the matter remains unresolved. There is also a window period for new complaints that have not yet been submitted to the Attorney General or resolved by DIRECTV. If DIRECTV is unable to successfully resolve the complaint, the company will inform consumers of their right to have the issue referred to a claims administrator who will issue a decision resolving the complaint.

Consumers who believe they are eligible for relief under the settlement and have not already filed a complaint about DIRECTV with the Attorney General’s Office may do so online at www.atg.wa.gov. Consumers may also call the Attorney General’s Consumer Resource Center at 1-800-551-4636 to require a claim form be mailed to them. Calls are answered from 10 a.m. to 3 p.m. weekdays.

All three legislative recounts have been completed, and the Republican challenger was affirmed as the winner in each case. In the closest race, in the 25th District, Rep.-elect Hans Zeiger, defeated House Democratic Caucus Chair Dawn Morrell by 30 votes.  Morrell picked up 17 votes in a hand recount. The final vote was Zeiger, 24,925; Morrell, 24,895.

In the 42^nd District, House Ways and Means Chair Kelli Linville, a Democrat, picked up five votes in the machine recount, losing to Rep.-elect Vincent Buys 30,607 to 30,458.

In the 41^st District, Democratic Sen. Randy Gordon was edged from office by Republican Steve Litzow 30,030 to 29,838.  Gordon picked up two votes in the machine recount.

The results mean the House will have a 56-42 Democratic majority, compared with the old majority of 61-37. The Senate will have a 27-22 Democratic majority, versus the old Democratic majority of 31-18.

County council/commission recounts in San Juan and Grays Harbor counties did not change the outcomes.  A Benton County District Court race has not been fully recounted yet, and an expected request to recount the Spokane County auditor’s race did not materialize.

Reed and McKenna met at the AARP Fraud Fighter Call Center in Seattle today where they revealed the current report and shared tips on how to give wisely.

Reed and McKenna also joined AARP State Director Doug Shadel today in a telephone Town Hall with more than 10,000 seniors across the state. And they joined AARP’s volunteer Fraud Fighters in kicking off a statewide calling blitz to educate Washington residents about wise charitable giving.

“Many people are struggling during this prolonged recession, and this means that there are needs throughout our society,” Reed said. “While we applaud those who donate money to help others, we also want to make sure individuals who are able to contribute are well-informed about where their money is going. We want donors to know which charities and fundraisers provide the most bang for their bucks.”

Reed’s report spotlights recent financial information for paid fundraisers who solicit or collect donations on behalf of charity clients. The causes vary widely and include police, firefighter and veteran organizations, medical research, animals, civil liberties, and the environment, to name a few. Commercial fundraisers use many methods to solicit the public, including the telephone and sending mailers asking them to give money to a cause. Commercial fundraisers, who are compensated for their efforts, take a cut of the donations before sending money to the charitable organization or charge a fee for their services.

“Solicitors who seek to deceive consumers or skirt around state charity regulations should know that the Attorney General’s Office will use its enforcement powers to stop them,” Attorney General Rob McKenna said. “But donors themselves wield one of the most powerful weapons: education. By checking out charities and fundraisers, every one of us can help assure our money is used how we intended.”

Overall this year, charities that used paid fundraisers in Washington received a little more than 75 percent of the total donations raised by those fundraisers. But the percentage individual fundraisers retained was all over the board: Some fundraisers kept less than 10 percent and sent the remaining chunk to charity, while other fundraisers raised less money for a charity than what they charged it.

“It’s important for the public to remember that when someone asks you for a donation, there’s a chance it’s a third party getting paid to make that solicitation,” Reed said. “While most of these commercial fundraisers help keep many crucial charities afloat in Washington, some wind up using the bulk of donations to pay for administrative costs and expenses – or to make a hefty profit.”

The 2010 report shows the following:
• A total of $1,432,453,344 in contributions was raised in Washington and elsewhere by the 107 paid fundraisers included in the report.
• The average percentage of contributions returned to charity clients was 77 percent overall. Compared to average historic rates of return over the last decade, this is up significantly.
• About one-fourth of the paid fundraisers returned less than 20 percent to charity.
• Nearly 8 percent of the paid fundraisers returned more than 80 percent to charity.
• The best: The fundraiser with the highest percentage rate returned 98 percent to charity.
• The worst: The fundraiser with the lowest percentage rate came in at minus 122 percent, meaning the charity lost money on the partnership.

Read the Report:

Overview of the 2010 Commercial Fundraiser Activity Report

Full 2010 Commercial Fundraiser Activity Report

There are currently 9,757 charities registered in Washington State. Of those, 653 report using paid fundraising services.

Seniors 65 and older – a group that makes up about 12 percent of the state population – are particularly hard-hit by solicitors, and therefore have to be extremely careful and thoroughly research where their donations are going, warn the two state officials and Shadel.

“According to AARP research, older adults receive more telephone and mail solicitations for charitable donations than any other age group,” said Shadel.  “But before we open up our hearts and our wallets, it’s important to make sure we are giving wisely.”

The Fraud Fighter Call Center plans to contact more than 5,000 consumers by phone over the next few weeks to provide wise giving tips and resources.

Each month hundreds of people use Reed’s online charities search at www.sos.wa.gov/charities to get instant financial histories and other information for fundraisers and charities. Consumers can also call toll-free 1-800-332-4483.

Those who believe they are victims of charity fraud should contact the Attorney General’s Consumer Resource Center between 10 a.m. and 3 p.m. weekdays at 1-800-551-4636 or file a complaint online at www.atg.wa.gov.

Consumers can also order a free “Check Before You Give” packet from the AARP Fraud Fighter Call Center by calling toll-free 1-800-646-2283.

Sen.Jeannette Hayner, the first woman to serve as Senate majority leader, has died in Walla Walla at age 91. Secretary Reed says he was saddened by the news and recalls her as “a fearless, clear-headed legislator who represented her constituents admirably and brought civility and creativity to the Capitol.  She showed us that people with very different political philosophies can find common ground and move the state forward.  When she was the Republican leader of the Senate, she worked across the aisle with the Democrats and managed to pass landmark legislation, including the Growth Management Act, by tough-minded negotiations with Speaker Joe King and the House Democrats.

“This diminutive woman was a giant in the Legislature. Jeannette was our very own Margaret Thatcher and we learned to respect and love her. She was a trailblazer and was instrumental in gaining approval of TVW, which broadcasts the Legislature gavel-to-gavel and makes Olympia accessible and more transparent to people all across the state. We give thanks for her life and her service.”

This is Brian’s blog post, including a link to a Legacy Project profile.

http://bit.ly/gsWhpD

http://bit.ly/eg2hG8

A major computer programming project being conducted over the four-day Thanksgiving weekend will take longer than originally expected.

The department expects to begin processing claims again on Wednesday, Dec. 1.

Pierce Commercial Bank, Tacoma, Washington, was closed today by the Washington Department of Financial Institutions, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. To protect the depositors, the FDIC entered into a purchase and assumption agreement with Heritage Bank, Olympia, Washington, to assume all of the deposits of Pierce Commercial Bank.

The sole branch of Pierce Commercial Bank will reopen on Monday as a branch of Heritage Bank. Depositors of Pierce Commercial Bank will automatically become depositors of Heritage Bank. Deposits will continue to be insured by the FDIC, so there is no need for customers to change their banking relationship in order to retain their deposit insurance coverage up to applicable limits. Customers of Pierce Commercial Bank should continue to use their existing branch until they receive notice from Heritage Bank that it has completed systems changes to allow other Heritage Bank branches to process their accounts as well.

This evening and over the weekend, depositors of Pierce Commercial Bank can access their money by writing checks or using ATM or debit cards. Checks drawn on the bank will continue to be processed. Loan customers should continue to make their payments as usual.

As of September 30, 2010, Pierce Commercial Bank had approximately $221.1 million in total assets and $193.5 million in total deposits. Heritage Bank will pay the FDIC a premium of 1.0 percent to assume all of the deposits of Pierce Commercial Bank. In addition to assuming all of the deposits of the failed bank, Heritage Bank agreed to purchase essentially all of the assets.

Customers who have questions about today’s transaction can call the FDIC toll-free at 1-800-760-3641. The phone number will be operational this evening until 9:00 p.m., Pacific Daylight Time (PDT); on Saturday from 9:00 a.m. to 6:00 p.m., (PDT); on Sunday from noon to 6:00 p.m., Pacific Standard Time (PST); and thereafter from 8:00 a.m. to 8:00 p.m., PST. Interested parties also can visit the FDIC’s Web site at http://www.fdic.gov/bank/individual/failed/piercecommercial.html.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $21.3 million. Compared to other alternatives, Heritage Bank’s acquisition was the least costly resolution for the FDIC’s DIF. Pierce Commercial Bank is the 142nd FDIC-insured institution to fail in the nation this year, and the eleventh in Washington. The last FDIC-insured institution closed in the state was Shoreline Bank, Shoreline, on October 1, 2010.

State Election Director Nick Handy says it appears Washington will easily surpass our turnout prediction of 66 percent, possibly 70 percent or higher.  Counties across Washington reported a late surge in ballots being returned and many said they will surpass their pre-election predictions. We have said that 66 percent would be the best midterm election participation since 1970.  That number, and the number to beat this year, is 71.85 percent.

Secretary of State Sam Reed says he’s delighted with such enthusiasm by Washington voters.

“There was a clear surge in participation and that’s such a healthy sign for our democracy.  Now I hope that citizens will stay engaged in their government, hold officeholders accountable, and encourage our leaders to work collegially and civilly, across the aisle, in the days and months ahead to address the economy and deal with the other problems we all face in this state and country.  The campaign season is over; it’s time to govern, and govern effectively.”

Though the votes are still being counted, the results are clear. The voters of the 47th district have elected Mark Hargrove to the State House of Representatives and he will serve as their voice in Olympia for the next two years. I congratulate Mark on a hard-fought campaign. He has worked hard and I wish him well with his new responsibilities. I hope his efforts in Olympia result in stronger families, safer neighborhoods, better schools and a reinvigorated economy.
It’s been a tremendous honor to serve in the legislature for the past ten years and as a member of the Covington city council before that. I want to thank my children for the sacrifices they made to allow me to serve the community and state we live in.
I want to thank my campaign staff and so many enthusiastic volunteers for the long hours they put into this campaign and the seven others we have won over the years. Your optimism, courage, vision for the future and willingness to invest effort in that vision are an inspiration to me.
I truly believe that if citizens become and remain engaged in service to others and support the greater good of our collective well-being that our best days are yet to come.

Murray has won a fourth term in the U.S. Senate.

The following is Rossi’s statement

“This evening, I called Senator Murray to offer my congratulations on her re-election to the U.S. Senate.

“I ran for the Senate because I believe we need a basic course correction from where Washington, D.C. has been taking us and to make sure this country is as free, as strong and as prosperous in the future as it has been in the past to preserve the best of America for future generations.

“That was a message that found a very receptive audience all across this state, though not quite receptive enough.

“We’re sending at least one new person, maybe two, to Congress to represent Washington State.  We elected a host of new people to the state legislature — all on the message of controlling spending and helping the private sector grow, saying no to government overreach and confronting some very difficult challenges in front of us.

You’ve heard me say during this campaign that the problems we face are too big for one political party.  They are, and I can say that with absolute certainty.

“It is my hope that the new House and Senate will address them seriously, responsibly, and in a bipartisan way.  I hope the President and Senate Democrats will join the new House majority to face these problems head on rather than leaving them for the next Congress or the next generation.

“My hope going forward is that our representatives in Washington, D.C. will be thinking about how an issue affects Bellevue, Bellingham or Bingen, not the D.C. Beltway.

“I hope they will be thinking about the small business owners struggling to stay open and the people that work there who are trying to pay their mortgage and feed their kids.  I hope the things that are done in D.C. make it easier for these folks, not harder.

The lesson I leave you with is one we learned as kids: we’re all in this together.  If Washington, D.C. doesn’t act to help the economy grow and solve this massive spending and debt, it’s going to hurt us all.  It won’t distinguish by political party.

Let me close with one more heartfelt thank you to the people of our state.  Thank you for letting me have an honest, straightforward discussion with you about our future.

“God bless you, our country, and this wonderful state we call home.”

It will be a great honor to serve you in the State Senate. As the Senate’s youngest member, I am keenly aware of the growing sense of political cynicism that surrounds my generation – cynicism earned by coming of age in an era of 24-hour cable news, hyper-partisanship, and a retreating sense of civility in our discourse.

Our state faces some tremendous challenges in the years ahead: How do we attract and retain businesses and the jobs they create? How do we improve our public schools? How do we honor our commitments to the least among us with diminishing resources?

Neither Republicans nor Democrats have a monopoly on the correct answer to any of these questions, and I am hopeful of our ability to cooperate in finding solutions.

I share this victory with so many people and I thank you all. Most importantly, I would like to thank my fiancée, Steffanie. She strongly supported my decision to run and generously sacrificed a great deal of time and energy to help me achieve this goal. While spending her evenings sign waving, her weekends doorbelling, and her weekdays succeeding in her new career, Steffanie is an incredible role model for me. I am looking forward to beginning our new life together on December 11, 2010.

Thank you for your vote, your trust, and for this opportunity serve South King County and the people of Washington State.

Sincerely,

Joe

Thank you all for your support over the past four years.  With the majority of the ballots counted, it appears that I will not be returning to the Washington State Senate for a second term.  We fought a hard campaign, but as we’re seeing all across the state and the country, it was a tough election year for incumbent Democrats.

I’m proud of the work I’ve done for the past four years in the Washington State Senate.  We’ve made progress in expanding early learning opportunities, so more of our students will be prepared for school.  Basic education reform is within reach.  We’ve begun to bridge the achievement gap, so all of our students can succeed and graduate from high school.  Many local projects are under way, like the Boys and Girls Club at Les Gove Park, improvements on Highway 516 and Highway 169, and planning work on Diesel Multiple Units as a transportation alternative.  Improvements to the levee system on the Green River and the repair of the Howard Hanson Dam will keep the valley safer from flooding.      It has been an honor to represent the 47th District.  I’m always guided by the values that I was raised with—honoring our veterans, our elders, and taking care of our children.  I will continue to work for better schools for all our students, and services for our veterans and elders.  Thank you to the hundreds of volunteers and supporters for your help. Nothing we’ve accomplished in the past 4 years would be possible without you. This has been a truly grassroots campaign.   Sen. Claudia Kauffman

Reed, who has spent most of his career managing elections at the county and state level, urged voters to “avoid the rush” and return ballots promptly so that there is no doubt about making the Tuesday postmark deadline.

“We welcome every single voter to take part in this very important election, and we want every single properly cast ballot to count,” Reed said.  “I urge voters who haven’t returned their ballots yet to read up on the issues and races, and promptly return their ballots, either in the mail or in person at a dropbox or the county elections office.”

Reed predicts that 66 percent of the state’s 3.6 million registered voters, nearly 2.4 million, will take part in this year’s election.  That would be the best participation rate since 1970.

“The voters are wide awake and paying attention,” Reed said. “This is being called a `wave’ or `change’ election across the country, and here in Washington, we have a hot Senate race that some pollsters say is too close to call and congressional seats that both parties are targeting. We also have six initiatives and record spending, which fuels a lot of attention and airtime. We have great local elections and legislative and judicial races.

“Top to bottom, it’s a very compelling election.”

Election Director Nick Handy underscored Reed’s point about the ballot measures being a drawing card.

“The ballot measures really reflect the issues of the day,” he said. “They are not on social issues like abortion, drug policy or gay rights, but are focused on economic issues like taxes, jobs and the role of government, the very issues that are on the minds of voters.”

The ballot includes six initiatives to the people, with spending that topped $60 million, and three measures placed on the ballot by the Legislature. Having six initiatives ties the modern record for greatest number in one year, and the combined total of nine ballot measures could be a record.

“We really have asked a lot of our voters this election in terms of doing their homework on so many ballot propositions,” Reed said. “I hope voters avail themselves of the state Voters’ Pamphlet, MyVote, the online and video voters guides, media coverage and other resources.”

Handy and Reed both commented on the avalanche of negative advertising this election cycle, and renewed the call for civility in campaigning and in governing.

“The voters expect and deserve better than they are hearing and seeing this campaign year,” Reed said.

The election season began several weeks ago, when ballots were made available.  Nearly all voters will be voting by mail, since 38 of the 39 counties now conduct all elections by mail. A small portion of Pierce County’s electorate, an estimated 28,000 people out of 2.4 million expected voters statewide, will use polling places.

Visit www.vote.wa.gov and county election websites.

Two unions representing captains and court protection marshals in the King County Sheriff’s office have agreed to forgo their cost-of-living adjustment (COLA) for next year, as a result of negotiations guided by King County Executive Dow Constantine.

“Each new agreement shows how hard our represented employees are working with our labor team to find ways to preserve services for the public,” said Executive Constantine. “I thank both bargaining units for stepping up and standing with their fellow employees to make this modest but important sacrifice.”

Ratifying agreements are 22 sheriff’s captains in the Puget Sound Police Managers Association, and 26 members of the King County Court Protection Guild.

“Our Association’s members have taken a 0% cost of living increase for 2011 in recognition of these difficult economic times,” said Captain Scott Somers, negotiating team spokesperson for the Puget Sound Police Managers Association. “We look forward to working with Executive Constantine, the Council, and other leaders to provide for the safety and security of the communities we serve.”

“The King County Sheriff’s Office Marshals voted to show our support to Sheriff Rahr, Executive Constantine and the citizens of King County by joining with the other labor groups during our current economic crisis,” said King County Court Protection Guild President Bill Bales.

The two agreements will save $104,000 in the County’s General Fund – $62,000 from the sheriff’s captains and $42,000 from the court protection marshals.  As with other COLA waivers, these savings will help offset reductions proposed in the Executive’s 2011 budget for public safety services.

A total of about 6,250 represented employees – or nearly 57 percent of the County’s 11,000 unionized workers – have now agreed or tentatively agreed to waive COLA for next year. More than 13,000 people in all provide King County services to the public.

Altogether these agreements will preserve about $11.4 million in services for 2011. Of that, about $4.4 million of the savings is in the General Fund.

The King County Sheriff’s Office employees join adult and juvenile detention officers, jail correction captains, deputy prosecutors, court support staff, and thousands of other County employees from a wide cross-section of county departments who have tentatively agreed or voted to waive their COLA for next year to preserve services. Those include the Animal Control Officers Guild; marine engineers, captains, and deckhands property appraisers in the Assessor’s office; and employees covered by the Washington State Council of County and City Employees and the King County Coalition of Unions.

Executive Constantine froze the salaries for all of his appointed staff and has been joined by the separately elected officials in putting the same measures in place for their offices.

Money raised/Spent

Legislative Races:                             $21,541,446/$15,722,734

Judicial:                                                $2,349,678/$1,842,007

County and Municipal Races:      $4,837,049/$3,756,304

All of the above:                               $28,728,193/$21,321,042

Initiatives (note attached):          $60,236,634/$41,605,231

From Patrick McDonald, assistant to the Secretary of State

————

And here are the 2009 General Election numbers.  Here the age distinctions weren’t as great, with roughly 20 percent of each sector of older voters casting ballots. The 45-54 segment actually had the best percentage turnout as an age group.

Patty Murphy
Voting Systems Specialist
Office of the Secretary of State
(360) 902-4188, Fax (360) 664-4619
PO Box 40229
520 Union Ave SE
Olympia, WA 98504

NOTE: My email address has changed to patty.murphy@sos.wa.gov

Innovative Technology Solutions … because Accuracy, Access and Direct Democracy Matter.

Following concerted efforts to prevent unnecessary foreclosures, the Washington Attorney General’s Office and a group of other state attorneys general and banking regulators say they’ve seen improvements in programs designed to help homeowners. But they’re concerned that foreclosures continue to outpace loan modifications, and note that most modifications increase the loan balance.

According to a report issued today by the State Foreclosure Prevention Working Group, a multi-state coalition, recent loan modifications are performing better. Modifications can include reduced interest rates and other changes to terms that result in smaller payments and, in some cases, lower outstanding balances.

“Some analysts have predicted redefault rates as high as 75 percent but today’s report paints a brighter picture of the future,” Washington Attorney General Rob McKenna said. “The newer modifications are holding up better, with fewer borrowers redefaulting.”

The report tracks loan modifications made by nine mortgage companies who were servicing 4.6 million loans as of March 2010. Banks, which are regulated by federal agencies, are not included. Compared to loans modified in 2008, borrowers whose loans were modified in 2009 were 40-50 percent less likely to be seriously delinquent six months later.

The Office of Thrift Supervision and the Office of the Comptroller of Currency reported a similar reduction in redefault rates in their Mortgage Metrics Report for the first quarter of 2010. The agencies reported that of the 590,000 modifications made in 2009, nearly 52 percent were current at the end of the first quarter of 2010. Only 27 percent of the modifications implemented during 2008 were current.

McKenna and his office have been leading efforts to help homeowners, including cracking down on unethical lenders and fraudsters, advocating for modifications of mortgages that have become unaffordable, urging changes to bankruptcy rules, and seeking state-federal collaboration on bank regulation. The Washington Attorney General’s Office granted $920,000 of its Countrywide/Bank of America settlement payment for local foreclosure prevention programs that provide counseling and pro bono legal services.

Despite the progress made on the sustainability of the loan modifications being made, McKenna said he’s concerned that 6 out of 10 seriously delinquent borrowers are not getting any help.

McKenna encouraged Washington residents facing foreclosure to call The Washington State Homeownership Information Hotline at 1-877-894-HOME (4663) or visit the Attorney General’s Web site at www.atg.wa.gov/foreclosure.aspx for additional resources. He cautioned that loan modifications aren’t miracle cures and not every homeowner will qualify.

The majority of loan modifications (89 percent) tracked by the working group for the first quarter of 2010 showed some reduction in payments, and nearly 78 percent lowered the monthly payment by more than 10 percent.

Redefault rates were lower for loan modifications that reduced the principal balance by more than 10 percent. However, only 1 in 5 modifications reduce the loan amount and, in fact, the vast majority increase the balance by adding servicing charges and late payments.

“When housing prices are low, the lender is going to take a loss if that home is foreclosed and surrounding home values will ultimately be impacted,” McKenna said. “The underlying theory of a loan modification is to enable the lender to get the same value out of the home as if it had been foreclosed. The lender still takes a loss through the reduction of interest or principle. But the net result is better for the community and the borrower because, of course, a house is more than just an asset. It’s a home.”

The State Foreclosure Prevention Working Group consists of 12 state attorneys general (Arizona, California, Colorado, Florida, Illinois, Iowa, Massachusetts, Nevada, North Carolina, Ohio, Texas and Washington), bank regulators for New York, North Carolina, and Maryland, and the Conference of State Bank Supervisors. The group was founded in 2007 and has issued four prior reports, available at www.csbs.org/regulatory/Pages/SFPWG.aspx.

U.S. District Judge Benjamin Settle has ruled that Washington state will continue to be blocked from releasing Referendum 71 signatures while challengers mount a federal court case that aims to keep the 138,000 names confidential forever.  The judge, in a brief hearing in his courtroom in Tacoma on Wednesday, agreed to the Secretary of State’s request to an expedited hearing schedule.

The challengers, Protect Marriage Washington, will release a list of its witnesses so the Attorney General and other backers of public release will be able to do discovery.  Both sides will then submit briefs and a trial will proceed as scheduled by the court, possibly in November.

Shane Hamlin, assistant state director of elections, said he was pleased that the court is putting the case on a fast track. The state did not resist the motion for a continuing restraining order, because, as the judge said, to have released the petitions now would have made the whole case moot, he said.

Last September, Judge Settle approved Protect Marriage Washington’s initial request for the ban on releasing R-71 petitions, based on his view that release could violate signers’ First Amendment rights of anonymous free speech.  Reed and Attorney General Rob McKenna appealed, asserting that no constitutional rights are abridged and that the voter-approved Public Records Act requires release of all records that have not been specifically exempted by the Legislature.

The 9^th Circuit Court of Appeals concurred, and overturned Settle. Protect Marriage Washington, represented by conservative legal activist James Bopp Jr., persuaded the U.S. Supreme Court to take the case.  In an 8-1 ruling on June 24, the high court said that as a general proposition, disclosure of petitions does not violate the Constitution.  But the court also left open the option for challenge of release of specific initiatives and referenda, giving sponsors a chance to assert that disclosure would lead to harassment or harm to signers. The court sent the Doe v. Reed case back to Judge Settle to consider such a challenge.